In the same time and place, where two victims were forced to commit an indecent act and sustained bodily injury, whether the crime against the remaining victims constitutes an offense provided for in Article 5-7 (6), (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (affirmative)

In the same time, where two victims are forced to commit an indecent act at the same place, and the victim was in possession of a shouldered softening string, which is a dangerous object in the process of suppressing the victim's resistance, even if the other victim did not carry it in the process of suppressing other victim's resistance, the crime also constitutes a crime prescribed in Article 5-7 (6), (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Article 5-7 (6), (1), and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 298 of the Criminal Act

Defendant

Defendant

Attorney Lee Byung-chul

Seoul High Court Decision 91No3734 delivered on December 27, 1991

The appeal is dismissed.

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

We examine the grounds of appeal.

According to the evidence of the first instance court's judgment, the criminal facts of this case against the defendant can be acknowledged, and since it is not recognized that the defendant had a mental and physical state under the influence of alcohol at the time of the crime of this case, there is no error in the misapprehension of legal principles

As determined by the court below, if the defendant suffered bodily injury by forcing two victims to commit an indecent act at the same time at the same time, he/she has a bottled string, which is a dangerous object in the process of suppressing the victim's resistance, even though he/she did not carry it in the process of suppressing other victim's resistance, the crime also constitutes a crime under Article 5-7 (6), (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. Therefore, the judgment below is just and there is no error of law in the misapprehension of legal principles as pointed out in all the arguments.

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 Justices who reviewed the appeal.

Justices Kim Yong-sung (Presiding Justice)