The starting point of calculating the period of filing a complaint by a victim who had no capacity to file a complaint at the time of crime

Even if the victim of an indecent act by compulsion filed a suit more than six months after the day on which he became aware of the offender, if the victim was only a juvenile under the age of 11 and was unable to file a complaint at the time of the complaint, the period of complaint should be calculated from the time when the victim became incapable of filing a complaint. As such, the period of complaint does not expire.

Article 230(1) of the Criminal Procedure Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Defendant

Attorney Kim Kim-hwan

Seoul High Court Decision 94No3534 delivered on February 22, 1995

The appeal is dismissed.

The number of detention days after an appeal shall be included in the punishment for each crime under Articles 2, 3, 4, and 5 when the original adjudication is made for 70 days.

The defendant and his state appointed defense counsel's grounds of appeal are also examined.

According to the reasoning of the judgment below and the judgment of the court of first instance as cited by the court below, each crime committed against the defendant including the crime of indecent act by compulsion can be recognized, and there is no error of law or misapprehension of legal principles that found facts without any incomplete deliberation or evidence. As to the act of indecent act by compulsion under Article 1-A(b) of the judgment below, it is pointed out that the victim filed a complaint six months after the date on which the victim became aware of the offender. However, according to the records, the victim was merely a juvenile under the age of 11 at the time of the crime and did not have the ability to file a complaint at the time of the crime, so the period of the complaint should be calculated from the time of the occurrence of the ability to file a complaint. Thus, the period of filing a complaint shall not be deemed to have expired. All arguments are without merit.

Therefore, the defendant's appeal is dismissed, and part of the number of days of pre-trial detention after the appeal is to be included in the punishment for each crime of No. 2, 3, 4, and 5 at the time of the original adjudication. It is so decided as per Disposition by

Justices Lee Don-hee (Presiding Justice)