In the process of suppressing the victim's resistance, whether it constitutes an injury to the crime of injury resulting from rape in a case where the victim, in the face and head of the victim's drinking, had the victim go through his/her coke while the victim was faced with his/her hair, but there was no hindrance in daily life and can be treated naturally (affirmative)

In the course of suppressing the victim's resistance in the course of rape, if the victim her face and head were taken over several times, and the victim her nosed (in this case, her nosed away from her face) was faced with a musta, etc., even though she did not undergo medical treatment at the hospital, it constitutes an injury to the crime of causing rape even if she did not interfere with daily life and can be treated naturally.

Article 301 of the Criminal Act

Defendant

Prosecutor

Seoul High Court Decision 91No167 delivered on April 19, 1991

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

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below rejected the prosecution of this case pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act on the ground that the defendant's act constitutes only the crime of attempted rape, and that the defendant's act constitutes only the crime of attempted rape, and that the defendant's act constitutes only the crime of attempted rape, on the ground that the defendant's complaint was revoked, and the defendant dismissed the prosecution of this case pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act on the ground that the defendant's complaint was revoked.

However, as recognized by the court below, if the defendant, in the course of suppressing the victim's resistance, she gets the victim's face and head when she gets the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Nevertheless, for reasons indicated in its holding, the lower court determined that the above wife did not constitute injury to rape, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine on the crime. The allegation is with merit.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all Justices.

Justices Kim Yong-sung (Presiding Justice)