The meaning of a complaint under Article 15 (2) of the Social Protection Act when no complaint is filed.

In a crime that can be prosecuted only when a complaint or accusation is filed under the former part of Article 15(2) of the Social Protection Act, the term "if there is no complaint or accusation" includes not only cases where a complainant does not exercise his/her right to file a complaint but also cases where the right to file a complaint is extinguished due to the lapse of the period of filing a complaint, etc.

Article 15 subparag. 2 of the Social Protection Act

Defendant and Appellant for Custody

Defendant and Appellant for Custody

Attorney Jin-law

Daegu High Court Decision 85No1373,85No215 delivered on November 14, 1985

The appeal is dismissed.

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

The grounds of appeal by the defendant and the respondent for defense (hereinafter only referred to as the defendant) and the state appointed defense counsel are also examined.

According to the evidence cited by the court below, the facts of the crime and the requirements for custody can be sufficiently recognized as stated in the judgment of the court below, and there is no violation of the rules of evidence against the defendant, such as the theory of lawsuit. In addition, in light of the legislative purpose, there is no complaint or accusation under the former part of Article 15, Article 15, subparagraph 2 of the Social Protection Act in a crime which can be discussed only when there is no complaint or accusation, and it includes not only the case where the complainant does not exercise his right to file a complaint but also the case where the right to file a complaint is extinguished due to the lapse of the period for filing a complaint, etc., and therefore, the judgment of the court below to the same purport is just, and there is no violation

Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)