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The judgment of the court below is reversed.
The case is remanded to Busan District Court Panel Division.
Reasons
1. The summary of the grounds for appeal (public prosecutor) dismissed the public prosecution of this case on the grounds that the facts charged were specified to the extent that it does not infringe the defendant's right to defense when the statements, etc. of the victim and the defendant, but it cannot be seen that the facts charged were specified. In other words, the court below erred by misapprehending the legal principles as to the specification of the facts charged
2. Determination
A. On October 2012, the Defendant: (a) around 02:00 on the date, and around 02:30, at the Defendant’s house located in 101 and 308, the Defendant discovered a diesel diesel in which female-friendly job offers victim F (V, 28 years of age) followed the Defendant’s bank and was able to use the diesel.
As a result, the Defendant displayed the diesel to the victim, stating that “I would like to see what she was fluent and written, and why I would be able to do so. I would be able to do so. I would be able to do so. I would be able to do so in fluen and even in fluencing.” In addition, I am off the victim’s bru and pande the victim who embly embling, and embling the victim, and emblad the victim, and emblad by inserting the blue into the part of the victim’s sound, and raped the victim by inserting the blue into the part of the victim.
B. The lower court determined that the instant facts charged constitute a crime under Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and that can be prosecuted only upon a victim’s complaint under Article 306 of the former Criminal Act. The period for filing a complaint is one year from the date on which he/she becomes aware of a criminal under the main sentence of Article 18(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012). However, “the date on which the instant facts charged was committed” as of October 2012 cannot be known when the Defendant committed a crime during the period of October, 2013, and thus, the victim filed a complaint.