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Main Issues
Whether the crime of injury, assault, threat, and rape and bodily injury to rape are the same or similar crimes as prescribed by the Social Protection Act.
Summary of Judgment
It is similar to the nature of the crime, the means and method of the crime, in that it is an act of expressing a aggressive attitude to the victim by using violence against the crime of bodily injury, assault, threat of rape, rape and bodily injury by rape.
[Reference Provisions]
Article 6 of Social Protection Act
Defendant and Appellant for Custody
Defendant and Appellant for Custody
upper and high-ranking persons
Defendant and Appellant for Custody
Defense Counsel
Attorney Lee Jae-hoon
Judgment of the lower court
Gwangju High Court Decision 85No690, 85No102 Decided March 21, 1986
Text
The appeal is dismissed.
The twenty-five days of detention after the appeal shall be included in the imprisonment.
Reasons
The grounds of appeal by the defendant and the respondent for defense (hereinafter referred to as the "defendants") and state appointed defense counsel are also examined.
In full view of the evidence cited by the first instance judgment maintained by the court below, it is sufficient to recognize the facts constituting the crime and the facts requiring protective custody as stated in its reasoning, and it cannot be said that the judgment below contains any error of incomplete deliberation or violation of the rules of evidence, and that the amount of punishment is unfair on the grounds that the defendant was sentenced to imprisonment for a period of two years and six months.
In addition, the court below's decision in this purport is just and it is not erroneous in the misapprehension of legal principles as to protective custody requirements, since the defendant's act of injury, violence, rapion, rape and the crime of injury resulting from rape, which are the crime of this case, is an act of expressing the victim's aggressive attitude by exercising violence.
Therefore, the appeal is without merit, and it is dismissed, and part of the detention days after the appeal shall be included in the imprisonment. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)