Nature of the right to file a complaint by the legal representative of the victim

In an offense subject to prosecution on complaint, the legal representative of a victim's right to file a complaint may exercise its own right to file a complaint independently regardless of the victim's will, regardless of whether or not the victim's right to file a complaint has been lost, and the period of complaint shall run from the date when the

Article 230 of the Criminal Procedure Act

8.7.20

Defendant

A defendant shall be punished by imprisonment for three years.

One hundred and seventy-five days of detention days before the imposition of sentence shall be included in the above sentence.

Defendant,

1. Around 23:30 on November 28, 1982, Cheongju-si decided to rape the victim Nonindicted Party 1 (the age of 14 per annum) who was fright at the Defendant’s monthly room located in Cheongcheon-si, Cheongcheon-si, 1982, and decided to rape the victim Nonindicted Party 1 (the age of 14 per annum) on his/her own, with his/her face at several times of his/her face, she shall be placed in the wall with his/her face by putting him/her off and with his/her head debt at the wall, and he/she shall be compelled to prevent the female from breaking his/her Ban in the same manner from spreading his/her Ban by not later than 05:0 on the following day after he/she rapes his/her body at the same time, and rapes his/her Ban over three occasions in the same manner;

2. At the night and night of the same month, at the same time and night at the same place, such as the above paragraph (1) above, by force, such a female as a knife away from the clothes of the above victim with the suppression of resistance as stated in the above paragraph (1), and by force on the part of 30 hours after the night of December 1 of the same year, the female was forced by force on three occasions at the same time in the same manner at the above place.

The facts of the ruling shall:

1. Each statement to the effect that the defendant forced the victim non-indicted 1 in light of the date and time of the decision made by Non-indicted 2 in this court.

1. The statement to the effect that the victim non-indicted 1 was in the room of the defendant at the time and time of the decision in this court by the witness non-indicted 3 and 4.

1. In full view of the statement of Nonindicted 1 in the prosecutor’s protocol, it can be recognized as a whole, and there is proof of the judgment.

Article 297 of the Criminal Code provides that each indecent act by compulsion in the judgment falls under the provisions of Article 298 of the same Act, and that each indecent act by compulsion in the judgment falls under the provisions of Article 298 of the same Act. Since the above provisions are concurrent crimes under the former part of Article 37 of the same Act, the defendant shall be punished by imprisonment with prison labor within three years within the scope of the term of punishment for concurrent crimes under Article 38 (1) 2 and Article 50 of the same Act, which are most severe punishment under Article 38 (1) 2 and Article 50 of the same Act.

With respect to this case subject to victim's complaint, the defense counsel asserted that the victim's complaint filed by the victim non-indicted 1 and his legal representative after the lapse of six months, which is the period of the victim's complaint subject to victim's complaint, was terminated from the date on which the victim's complaint was known to the offender. Thus, the public prosecution of this case is invalid in violation of the provisions of law, and thus, the public prosecution of this case should be dismissed. Thus, the legal representative's right to file a complaint in an offense subject to victim's complaint can be exercised independently regardless of the victim's intent, regardless of the loss of the victim's right to file a complaint. The legal representative's legal representative's right to file a complaint of this case can run from the date when the victim becomes aware of the offender. The legal representative's right to file a complaint of this case was extinguished after the lapse of eight months, and the date of non-indicted 1 and 5's written statement, which was bound by the record, the date of non-indicted 1 and 5's legal representative's right to file a complaint of this case.

It is so decided as per Disposition for the above reasons.

Judges Yellow upper (Presiding Judge)