The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the crime of abduction committed before June 18, 2013 for the purpose of sexual intercourse falls under an offense subject to victim's complaint under Article 296 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012) and the crime of kidnapping the victim for the purpose of sexual intercourse falls under an offense subject to victim's complaint under Article 18 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012) and where the victim becomes aware of the criminal complaint under Article 18 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11576, Dec. 18, 2012).

However, a complaint must have the capacity to file a complaint. Since it is sufficient to understand the damaged facts and identify the social interest in accordance with the complaint, it is sufficient to do so, even a person who has no capacity to do so under the Civil Act even though he/she is not capable of doing so, if the victim, who had no capacity to file a complaint at the time of the crime, had the capacity to file a complaint thereafter, the period of the complaint shall be calculated from the time when

(1) The Criminal Procedure Act provides that “A person who has a right to file a complaint subject to prosecution subject to prosecution subject to prosecution subject to prosecution may file an oral statement with an investigative agency on a criminal facts and seek the punishment of an offender.” In addition, a person who has a right to file a complaint subject to prosecution subject to prosecution subject to prosecution subject to prosecution subject to prosecution may file an oral statement with the investigative agency on a criminal facts and seek the punishment of the offender. As such, if the person having a right to file a complaint is examined as a victim

Supreme Court Decision 2009Do3860 Decided July 9, 2009