In the event that rape has been committed, the sex of the bodily injury resulting from rape;

A crime of bodily injury resulting from rape shall be established when the victim is injured by assaulting the victim, which is the means of rape, even though rape is committed.

Article 301 of the Criminal Act

Supreme Court Decision 72Do1294 Decided July 15, 1972; 72Do1896 Decided October 31, 1972

Defendant

Defendant

Attorney Cho Im-soo

Seoul High Court Decision 85No3297 delivered on March 28, 1986

The appeal is dismissed.

The period of detention pending trial after the appeal shall be included in the principal sentence for twenty days.

The grounds of appeal are examined.

First, in light of the Defendant’s grounds of appeal, the court below is justified in holding that the Defendant was under the influence of alcohol at the time of committing the instant crime, but this was not in a state of mental disorder, and that the crime of bodily injury resulting from rape was established if the victim was injured by assault, which was the means of rape, even if rape was committed, and therefore, the court below did not err in the misapprehension of legal principles or application of law due to the violation of the rules of evidence, as alleged in the grounds of appeal.

Next, in this case where two years and six months have been sentenced to imprisonment with labor for the defendant as to the grounds of appeal by a public defender, the argument that sentencing is unfair is not a legitimate ground of appeal.

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges who are to include part of the number of days pending trial after the appeal in the principal sentence in accordance with Article 57 of the Criminal Act.

Justices Park Jong-dong (Presiding Justice)