[1] Whether the injury which was punished as a crime of bodily injury, which is an intentional crime, can be recognized as a crime of bodily injury by indecent act, which is an intentional aggravated crime (negative)

[2] The case reversing the judgment of the court below which found the defendant guilty of causing bodily injury resulting from the crime of indecent act by compulsion, which is an aggravated crime, in a case where the defendant assaulted the victim, thereby causing bodily injury such as a pellley, etc., and committed indecent act by compulsion

[3] The case reversing the judgment of the court below on the ground that the injury by indecent act by indecent act was caused on the chest and the injury caused in the course of the indecent act by indecent act

[1] In the crime of bodily injury by compulsion, the result of the act of assault or indecent act used as a means of indecent act by compulsion should be one of the occurrence of the act of assault or indecent act itself or the act of indecent act by compulsion. Therefore, when punishing the part causing bodily injury as the crime of intentional indecent act by compulsion, the part causing bodily injury cannot be punished twice by recognizing it as the crime of bodily injury

[2] The case reversing the judgment of the court below that recognized the defendant's assault as an injury resulting from the crime of bodily injury resulting from the crime of indecent act by compulsion, which is an aggravated crime, on the grounds that it cannot be seen as an assault as a means of indecent act by indecent act, and there is no causal relation between the above injury and the indecent act by indecent act, on the grounds that the defendant's assault cannot be seen as a means of indecent act by indecent act,

[3] The case reversing the judgment below which held that the crime of bodily injury caused by indecent act by indecent act constitutes injury on the ground that there is room for not to constitute injury caused by indecent act by indecent act by indecent act on the grounds that there is no difficulty in daily life even without undergoing a separate treatment, and there is room for not to constitute injury caused by indecent act by indecent act if naturally cured after the passage of time.

[1] Articles 298 and 301 of the Criminal Act / [2] Article 3(1) of the Punishment of Violences, etc. Act, Articles 298 and 301 of the Criminal Act / [3] Articles 298 and 301 of the Criminal Act

[3] Supreme Court Decision 99Do4794 delivered on February 11, 2000 (Gong2000Sang, 749) Supreme Court Decision 2004Do483 Delivered on March 11, 2004

Defendant

Defendant

Law Firm Name Law Firm, Attorneys Park Dong-sik et al.

Daejeon High Court Decision 2008No353 decided Feb. 5, 2009

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. As to the existence of indecent act by compulsion

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have acknowledged the fact that the Defendant, on the grounds as stated in its reasoning, included the victim’s chest in the upper part of the victim’s chest and forced the victim to commit an indecent act by force on the part of the victim. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on indecent act by force,

However, we cannot agree with the following reasons to find the victim guilty of the bodily injury resulting from indecent act by force by considering the bodily injury resulting from indecent act by force in the crime of indecent act by force.

2. As to the causal relationship between the injury and indecent act by force, such as the cutting of aggregate, etc.

In the crime of bodily injury by indecent act by indecent act, the result of the bodily injury shall be from the act of assault or indecent act used as a means of indecent act by indecent act, or from the act committed in consequence of such act

However, according to the health stand, evidence, etc. adopted by the lower court and the lower court after lawful examination of evidence with respect to “non-alleys, the upper left side and the upper right part of the victim’s body” (hereinafter “non-alleys, etc.”), among the above parts of the victim’s body, it can be seen that the victim’s chest part of the victim’s chest was destroyed by several tights, and Non-affort joint-defendant 2 also fell into the victim’s shoulder part on several occasions. In light of the circumstance of the assault or the circumstance that Co-defendant 2 was under the above assault and co-defendant 2 at the time of the assault, it is difficult to view that there was a criminal intent of indecent act by compulsion against the victim from the time of the assault. Therefore, the Defendant’s assault cannot be deemed as a means of indecent act by compulsion, etc., and thus, it cannot be deemed that there was a causal relation between the Defendant’s assault and the crime of indecent act by compulsion.

In addition, the court below held that Co-defendant 2 of the first instance trial jointly with the defendant and Co-defendant 2 of the same case punished the victim as a crime of violating the Punishment of Violences, etc. Act due to the bodily injury. As such, the court below cannot regard the bodily injury punished as a crime of bodily injury resulting from the bodily injury resulting from the bodily injury as a result of the crime of bodily injury resulting from the bodily injury.

Therefore, the court below erred by misapprehending the legal principles on the injury resulting from indecent act by compulsion, which is a result of an aggravated crime, and thereby affecting the conclusion of the judgment.

3. As to whether the injury caused by indecent act by indecent act by indecent act by indecent act by negligence on the chest and chest part

The term “injury” refers to a change in a victim’s physical health condition and disability in his/her life function. If the injured party’s wife is extremely insignificant and there is no need to treat the injured party without receiving treatment, and the injured party’s daily life can be naturally cured upon the passage of the time, then it cannot be deemed that the injured party’s physical health condition was changed, or that the injured party’s life function was hindered, thereby constituting injury to the crime of indecent act by compulsion (see, e.g., Supreme Court Decision 2004Do483, Mar. 11, 2004).

In light of the above legal principles, according to the health stand, evidence adopted by the lower court and the lower court after lawful examination of evidence, etc. as to the “the instant chest part, etc.,” which is the victim’s remaining upper parts, the injury examination was conducted for 21 days on the part of the victim’s chest part, etc., but the victim was included in the instant non-pel part, etc., and such examination was conducted on the part of the chest part, etc., and the victim was naturally cured upon the passage of the time when the Plaintiff did not interfere with daily life without being treated. In light of the circumstance and degree of the occurrence of the instant chest part, the possibility of the injury to the chest part, etc., and the possibility and extent of the injury to the chest part, etc. were not easily excluded from the injury to the chest part of the case.

Therefore, the part of the judgment of the court below which judged that the chest part of the judgment of the court below constituted the injury caused by indecent act by compulsion is also erroneous in the misapprehension of legal principles as to the injury caused by indecent act by compulsion, and thereby affected the conclusion of the judgment.

4. Scope of reversal

Furthermore, as to the scope of reversal, the lower court sentenced the Defendant to a single punishment on the charge of causing bodily injury by compulsion and the violation of the Punishment of Violences, etc. Act due to bodily injury, the lower court’s judgment cannot be maintained in its entirety.

5. Conclusion

Therefore, the judgment of the court below is reversed and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-dam (Presiding Justice)