The case holding that the crime of bodily injury caused by rape does not constitute the crime of bodily injury caused by rape in the anti-surbing

The case holding that the crime of injury resulting from rape cannot be deemed to constitute injury to rape because it is difficult to view that the crime of injury resulting from rape was committed due to disability to the life function of the human body and the state of health.

Article 301 of the Criminal Act

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

A

Prosecutor

Attorney B

Seoul High Court Decision 91No1678 delivered on July 12, 1991

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

In light of the records, the court below recognized the facts based on macroficial evidence, and judged that the spambling of the earth and the body suffered by the victim cannot be seen as causing harm to the crime of causing rape because it is difficult to view that the health condition of the human body was changed due to the disorder of the life function of the human body, and therefore, it is just in accordance with the legal principles of the judgment of the party members (see Supreme Court Decision 85Do2042, Jul. 8, 1986), and there are no errors

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-ho (Presiding Justice)