The nature of the right to file a complaint by a legal representative and the time when the period expires.

The right to file a complaint by a legal representative under Article 225 (1) of the Criminal Procedure Act is given to the legal representative for the protection of an incompetent person and can file a complaint regardless of whether the victim's right to file a complaint is extinguished or not. Therefore, the period of a legal representative's complaint shall run from

Article 225(1) of the Criminal Procedure Act

Supreme Court Decision 84Do1579 Decided September 11, 1984

Defendant

Defendant

Attorney Kim Jong-won

Daegu High Court Decision 87No81 delivered on March 19, 1987

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

(1) As to the Defendant’s grounds of appeal:

In full view of the evidence presented by the court of first instance and maintained by the court below, it cannot be said that there is any error of misconception of facts due to violation of the rules of evidence in the judgment of the court below, and therefore, it is not reasonable to discuss.

(2) As to the grounds of appeal by a public defender:

Since the right to file a complaint by a legal representative under Article 225 (1) of the Criminal Procedure Act is given to the legal representative for the protection of an incompetent person and can file a complaint regardless of whether the victim's right to file a complaint has expired, the legal representative's legal representative's right to file a complaint will run from the date on which he/she became aware of the crime (see Supreme Court Decision 84Do1579, Sept. 11, 1984). In light of the record, it is clear that the defendant, who is the legal representative of the victim, was a criminal of rape of this case within six months from August 8, 1986, the date of the complaint of this case, and therefore, it is obvious that the legal principle on the nature of the right to file a complaint, such as the opinion of the court below,

(3) Therefore, the appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee-hee (Presiding Justice)