Whether a new macker of a woman with sexual experience constitutes a wound constituting the crime of injury from rape due to the special transfer of a woman with sexual experience.

The female body constitutes part of the female body. As such, even if the female body has a difference to the degree, it shall be deemed that the female body has a trouble in living function even if it has a difference to the degree. Although the female body had a sexual experience, the female body newly formed by the victim due to a special transfer is a woman with a sexual experience, it constitutes a wound constituting the crime of causing rape.

Article 301 of the Criminal Act

Defendant

Prosecutor

Attorney Yellow-il

Seoul High Court Decision 93No3735 delivered on April 22, 1994

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

On the first ground for appeal

The court below's decision is unclear as to whether the victim's 3,6 cc out of the direction of the victim's bodily injury resulting from rape that the victim suffered from the rape from the defendant is 3,00 p.m.; however, the victim's 9 cc direction was judged to be a new marc fever because it was out of the marcosis around the wave trace. Meanwhile, even if marction had already been made at the time of marction, there are cases where there was a new marction at the time of the subsequent marction, and the victim had experience at least two times with at least one male before the case, and there was no evidence to prove that the victim had received treatment at a medical institution other than the above diagnosis. According to the above reasoning, the victim's 8 p.m.'s marction cannot be seen to constitute a new marction of the victim's physical injury due to the marction or a new marction of the victim's physical injury.

However, the matrine constitutes part of the matrine body in the body of a female woman. As such, even if the matrineo is in the same nature as that of the matrineo, it shall be deemed that there is no molding that even if the matrineo was sold by the victim due to a special transfer of matrine as a woman with sexual experience, it constitutes the matrine which constitutes a crime of injury resulting from rape, and the case cited by the court below shall be deemed not to correspond to this case.

Therefore, the court below should consider the existence of rape and decide whether to be guilty or not of the injury resulting from rape. However, the court below's dismissal of prosecution on the ground that the victim's wife was merely discussed and did not constitute the injury resulting from rape, and there was an error of law by misunderstanding legal principles as to the content of the injury resulting from rape, or by misunderstanding of legal principles as to the purport that the court's dismissal of prosecution on the ground that the appeal against rape was withdrawn. The prosecutor's appeal pointing this out is with merit.

Therefore, without examining the remaining issues, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)