[1] The meaning of injury in the crime of bodily injury by compulsion

[2] Whether the reduction of part of the conspiracy of a female with a single-use tool constitutes an injury to the crime of bodily injury resulting from indecent act by compulsion (negative)

[1] In the crime of bodily injury by compulsion, injury refers to the alteration of a victim’s physical health condition to a poor condition, and the occurrence of a disturbance to his/her living function. Thus, even if a change in the appearance of the body occurred, it shall not be deemed that the injury constitutes injury insofar as it does not interfere with the physiological function

[2] Conspiracies does not have any special physiological function other than visual and visual function such as expressing sexual maturity or provoking a skin, so if the part of the part of the victim's conspiracy remains, and only part of the part of the conspiracy is sniffing the whole appearance of the conspiracy, it would cause a sense of shame to the victim. However, it cannot be said that the victim's physical health condition is changed due to pathology or it cannot be said that it may interfere with the function of life. Thus, it cannot be said that it constitutes a crime of bodily injury by indecent act by compulsion, regardless of the fact that it may constitute violence.

[1] Articles 298 and 301 of the Criminal Act / [2] Articles 298 and 301 of the Criminal Act

[1] Supreme Court Decision 96Do1395 delivered on November 22, 1996 (Gong1997Sang, 136), Supreme Court Decision 97Do1725 delivered on September 5, 1997 (Gong1997Ha, 3199), Supreme Court Decision 99Do4794 delivered on February 11, 200 (Gong200Sang, 749)

Defendant

Prosecutor

Attorney Doh-young

Daejeon High Court Decision 9No153 delivered on June 25, 1999

The appeal is dismissed.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, with regard to the crime of indecent act by compulsion, the court below held that "the victim, who had been moving in by the defendant at the defendant's pro-dong room around 16:00 on December 19, 198, exceeded clothes by forced laying off the victim's room on the ground that he does not drink boomed, and forced the victim to have satisfly cut off and forced the victim's satisfly satisfly cut against the victim's conspiracy, and caused the victim to do so." In light of the evidence cited in the judgment, the court below rejected the defendant's charges of indecent act by compulsion, and dismissed the defendant's conspiracy with the victim by forced laying off the victim's clothes and making one-time use of clothes on the ground that it was difficult to view that the above degree of conspiracy was damaged by physical function, or that there was a defect in health, and therefore, the defendant's act cannot be punished for the injury of the defendant due to indecent act by compulsion under the Criminal Procedure Act.

2. In the crime of injury resulting from indecent act by compulsion, the injury refers to the alteration of the victim’s physical health condition to a bad condition, and the occurrence of interference with the function of life (see, e.g., Supreme Court Decisions 96Do1395, Nov. 22, 1996; 97Do1725, Sept. 5, 197). Even if a change occurs in the appearance of a body, the injury cannot be deemed to constitute injury insofar as it does not cause interference with the physiological function of the body.

However, conspiracy has no special physiological function other than visual and sensitive functions, such as expressing sexual maturity or drawing a fluoral body, so if the part of the part of the victim's conspiracy remains and only part of the part of the conspiracy is smomulated, as determined by the court below, thereby altering the overall appearance of the conspiracy, it would cause a sense of shame to the victim. However, it cannot be said that the victim's physical health condition is changed due to pathology or that the victim's living function is hindered. Thus, it cannot be said that it constitutes a crime of indecent act by compulsion, regardless of the fact that it may constitute violence.

In the same purport, the lower court’s determination that the act of conspiracy cannot be punished as a crime of bodily injury resulting from indecent act by compulsion on the ground that it does not constitute a crime of bodily injury resulting from indecent act by compulsion on the part of the lower court is justifiable, and there is no error in the misapprehension of legal doctrine regarding the injury

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-woo (Presiding Justice)