Whether the crime of causing bodily injury to a minor is a crime subject to victim's complaint.

The crime of bodily injury resulting from rape against a minor is often committed in accordance with the precedent of the crime of bodily injury resulting from rape, and the crime of bodily injury resulting from rape is obvious in the legal text that it does not constitute a crime subject to victim's complaint.

Articles 301, 305, and 306 of the Criminal Act

Supreme Court Decision 76Do3719 delivered on April 12, 1977 (Supreme Court Decision 11494 delivered on April 12, 197; Supreme Court Decision 25Nu167 delivered on April 25, 197; Decision 305Da1009 delivered on April 132, 197)

Defendant

Prosecutor

Daegu District Court of First Instance (74Gohap103 delivered on April 1, 200)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seventy days of detention days prior to the pronouncement of the judgment below shall be included in the above sentence.

except that the execution of the above sentence shall be suspended for a period of five years from the date of the final decision.

Although the gist of the appeal by the prosecutor is clear in the text of the law that does not constitute a crime subject to victim's complaint, the court below rejected the appeal on the ground that the court below erred by misapprehending the legal principles under Articles 301, 305, and 306 of the Criminal Act, which affected the conclusion of the judgment. Thus, the crime of injury resulting from constructive indecent act by compulsion against the minor in this case is based on the example of the crime of injury resulting from rape. Although it is obvious in the text of the law that the crime of injury resulting from rape does not constitute a crime subject to victim's complaint, the court below erred by misapprehending the legal principles under the above crime and the crime subject to victim's complaint, which affected the conclusion of the judgment, and thus, it is reasonable to discuss the appeal by

Therefore, since the prosecutor's appeal is well-grounded, according to Article 364 (6) of the Criminal Procedure Act, the original judgment is reversed and the decision is rendered again as follows.

(Criminal Facts)

The Defendant, at around 16:00 on July 12, 1974, 16:00, passed around the house of the victim non-indicted 1 (No. 1) who was the victim non-indicted 1 (No. 9), was found to play in the house, and turned the remaining Dong, who was aware of his desire, was moving back to the dry field of the Dong in the vicinity of the Dong where he was located, she exceeded 20 won by her 20 won, and her knee, she was feled to her knee, and her kneed to her kne, she was feled. The Defendant’s sound was feld to the part of the Dong.

2. At around 14:00 on August 20, 200 of the same year, at the bottom of the Dong-dong name of Non-Indicted 1’s house, discover a dong with a knee, frecing the remaining 30 won of the knee, frecing the lower part of the knee with a knee, frecing the Defendant’s sound on the part of the knee, and flading the Defendant’s sound on the part of the knee;

3. At around 13:00 on November 25, 13:25 of the same year, the above non-indicted 1's house was passed, and the Dong finds that he was in the kitchen of his house, took the other Dong who caused his desire to take care of his house, drop off his house with knee and knee off his house, put the house up his knee, cut off his house, cut the Defendant's sound on the part of his knee, cut off his kne, and flad the Defendant's sound on the part of his knee and put his knee his sound on the part of his knee and let the female under the age of 13, who committed indecent act

(Abstract of Evidence)

1. A statement made by the defendant according to the facts stated in the original judgment and the trial court;

1. Statement made in compliance with the facts indicated among the suspect interrogation records of the accused made by the prosecutor;

1. Statement made by the prosecutor with respect to the victim non-indicted 1, which is consistent with the judgment;

1. Details of the results of verification appropriate for the facts of judgment from among the records of verification made by the judicial police officer;

1. Details of the diagnosis of the injury to Nonindicted 1 made by the doctor Nonindicted 2 and the opinion made by the doctor Nonindicted 3, which are consistent with the part and degree of the injury as indicated in the judgment

(Application of Law)

The judgment of the defendant constitutes Articles 305, 301, and 298 of the Criminal Act, and therefore, the prescribed penalty shall be chosen, and the defendant shall first agree with the victim about the punishment, and the defendant shall not be punished, and shall take into account the circumstances such as the fact that the defendant's mistake is divided into two parts. Thus, the defendant shall be punished by imprisonment for three years within the scope of the term of punishment which is mitigated under Articles 53 and 55 (1) 3 of the Criminal Act, and the defendant shall be punished by imprisonment for 70 days within the period of detention before the sentence is declared in accordance with Article 57 of the Criminal Act, and the execution of the above sentence shall be postponed for five years from the date when the judgment of the court below becomes final in accordance with Article 62 (1) of the Criminal Act, since there are reasons to take into account the circumstances above.

It is so decided as per Disposition.

Judges fixed right (Presiding Judge) Kim Jong-chul Kim Hun