(a) Specific degree of crime in case of accusation; and

(b) Details of the intention of the complainant with respect to the accusation specifying the period for committing the crime;

A. In the case of a complaint, the specific degree of the crime can be determined by specifying what criminal facts the complainant's intent is to specifically seek punishment for the criminal, and it is not necessary to specify the criminal facts by clearly stating the date, time, place, and method of the criminal directly.

B. In the case of a complaint with a specified period for the crime, the complaint shall be deemed to be an expression of intent seeking the punishment of the offender for all the crimes committed during the specified period, unless there are special circumstances to deem that the complainant has an intention not to punish the offender for any specific crime committed during the specific period.

(b)Article 241 of the Criminal Code, Article 229 of the Criminal Procedure Code;

A. Supreme Court Decision 84Do50 delivered on March 27, 1984; 84Do1704 delivered on October 23, 1984

Defendant 1 and one other

Defendants

Attorney Term

Seoul Criminal Court Decision 85No278 delivered on May 3, 1985

The appeal is dismissed.

The grounds of appeal are examined.

1. The accusation is a declaration of intent of the complainant to report a certain crime to an investigation agency and seek the punishment of the criminal. Thus, it does not mean that the criminal facts should be specified. However, the specific degree is possible to determine which criminal facts the complainant's intent specifically designates and seek the punishment of the criminal, and it does not require that the complainant himself/herself to point out the date, time, place, and method of the crime and specify the criminal facts (see Supreme Court Decision 84Do50, Mar. 27, 1984). Meanwhile, in the case of a complaint with a specified period, it is reasonable to deem that the complaint is an expression of intent to seek the punishment of the criminal for all crimes committed during the specified period unless there are special circumstances to deem that the complainant has an intention not to punish the criminal for a specific crime committed during the specific period.

2. Examining the record in light of the statement in the complaint of this case and the statement made by the complainant, it is evident that the complainants have expressed their intent to punish the defendants as to a specific crime during the above period, and there is no special circumstance that the complainants have the intention not to punish the defendants as to a specific crime during the above period. Thus, since the complainants' above expression of intent is legitimate as a complaint against the facts of the crime of this case clearly constituting a crime of this case during the period in which the complainants are specified, since they do not have the possession from the beginning of October 1983 to the beginning of November 27, 1984, Defendant 1, who is the husband, does not return to the house and are living together with Defendant 2 at a place in which it is impossible to know the place, and therefore, the complainants have the intention not to punish the defendants. Thus, the court below's decision that the above declaration of intention is justifiable as a legitimate judgment as to the facts of the crime of this case, and therefore, it is not justified in the judgment of this case.

Therefore, the appeal without merit is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju