3. The case holding that the crime of rape injury does not constitute the crime of rape injury by only the body of the body of the head of the body where the body of the body of the head of the body of the body of the body of the body of the body of the person

As a person who has already experienced in sexual conduct and whose wife suffered from the victim's bodily injury, it cannot be said that the above wife constitutes a crime of injury resulting from rape, since it is difficult to view that the above body's completeness has been damaged, has a disability in the life function, or a state of health has been changed due to the fact that the victim's bodily injury is injured, unless the above victim is treated as a patient by suffering from 3 and 4 days, even if he/she does not receive a treatment by going to the hospital, and even if he/she does not receive a treatment by going to the hospital, it cannot be said that the above body's injury constitutes a crime of injury to rape.

Article 301 of the Criminal Act

Defendant

Prosecutor

Attorney Oi-ray

Busan High Court Decision 87No117 delivered on March 24, 1988

The appeal is dismissed.

We examine the grounds of appeal.

As recognized by the court below, the injured party is already experienced in sexual conduct and suffering from 3,4 days from her condition, and the injured party's her condition is frighten and frighten and frighten and frighten, which require a medical treatment for 3,4 days, with no difficulty in daily life even if the injured party did not receive a medical treatment at the hospital, and the degree of natural therapy can be naturally cured, and the above her condition of diagnosis is not for the victim's treatment, but for the purpose of receiving a medical certificate issued by the police at the police's recommendation, and if the injured party has not actually received any medical treatment, the injured party's her condition cannot be said to constitute the injury of the crime of rape. Thus, it cannot be said that the above her condition constitutes the injury of the crime of rape.

Therefore, the judgment of the court below with the same purport is just, and there is no error of law by misunderstanding the legal principles on the bodily injury resulting from rape as pointed out in the arguments.

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

Justices Park Jong-dong (Presiding Justice)