The case holding that the judgment of conviction was erroneous in the absence of a complaint in an offense subject to victim's complaint;

In the case of rape of Article 297 of the Criminal Code, which is an offense subject to prosecution, the prosecution should be dismissed by judgment in accordance with Article 327 of the Criminal Procedure Code, because the prosecution procedure is invalid because the procedure of prosecution is invalid in violation of the light of the provision of the indictment.

Articles 297 and 306 of the Criminal Act; Article 327 of the Criminal Procedure Act

Supreme Court Decision 69Do1350 delivered on October 14, 1969 (Supreme Court Decision 835 delivered on November 14, 1969; Supreme Court Decision 17Third-type51 delivered on October 14, 196; Decision 327(11)146 of the Criminal Procedure Act

Defendant

Defendant

Cheongju District Court of the first instance (76 Gohap81, 89) Cheongju District Court

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

One hundred-five days of detention days prior to the pronouncement of the original judgment shall be included in the above sentence.

The prosecution against rape among the facts charged is dismissed.

The gist of the grounds for appeal by the defendant is that the defendant has committed this case, and the court below found the defendant guilty. The judgment of the court below is erroneous as affecting the conclusion of the judgment, and the summary of the grounds for appeal by a state appointed defense counsel is too unreasonable as the sentence imposed by the court below is too unreasonable.

First of all, the judgment of the court below should be reversed on the ground that there is no complaint against the crime of rape that the court below found guilty, and the judgment of the court below should be reversed on the ground that the judgment of the court below was unlawful.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

(Criminal Facts)

The Defendant: (a) from April 1975 to April 1976, the Defendant: (b) deposited the amount of KRW 59,750 for Nonindicted Party 1’s external liquor from Nonindicted Party 2, the owner of the same phase of early 12:0 on October 15, 1975, at around 12:00, the Defendant was engaged in the business of delivering and collecting alcoholic beverages, etc. from Nonindicted Party 1, the owner of the same phase of early 19,750; (c) arbitrarily consumed the amount of KRW 59,750 for the Defendant’s transportation expenses, lodging expenses, etc. in violation of his duties; and (d) arbitrarily disposed of the amount of credit from Nonindicted Party 3, the owner of the alcoholic beverage at around 16:0 on April 28, 1976, at around 16:00, at around 16:00, the amount of Nonindicted Party 1’s embezzlement and the amount of money deposited at around 30,000 for each of the bicycle.

2. At around 19:00 on June 26, 1976, the victims Nonindicted 4 (the age of 12 per annum) who passed from the shores in the forest and field owned by the Nancheon-gun of the Republic of Korea on the 19:00 p.m. of the forest and field owned by the Nancheon-gun of the Republic of Korea, were found to have known the facts from the shores around the 82m. of the forest and field, leading the female to live, she was refused to do rape, leading the female to her trees, leading it to approximately 10 meters from the her ridges, she was placed on the her place, she was unable to divide the two arms, she was off the Defendant's sound, she was raped once by inserting it into her own quality, and then she was able to kill the female from the her mother's body, and then she was skne by taking the body of the female from the kne.

(Abstract of Evidence)

1. Statement that conforms to the facts stated in the original judgment by the defendant;

1. Each statement that conforms to the judgment among the suspect examination records prepared by a prosecutor for the accused for handling business of judicial police officers;

1. Each statement made by the prosecutor with respect to Nonindicted 5 and Nonindicted 6, which conforms to the relevant part of the judgment

1. Each statement that conforms to the relevant part of the judgment in each statement of Nonindicted 1 through 3, and 5 through 13 prepared by the judicial police officer in charge of handling affairs;

1. Inspection records and actual survey records prepared by a senior judicial police officer, which include the results consistent with the decisions;

1. The present presence of each of subparagraphs 1 through 4 of seized evidence; and

(Application of Law)

Article 356 and Article 355 (1) of the Criminal Act provides that the crime of murder in Article 250 (1) of the Criminal Act provides that the crime of murder in Article 250 (1) of the Criminal Act provides that the crime of murder in Article 356 and Article 355 (1) of the same Act provides that the person who commits the crime of murder in Article 250 (1) of the same Act provides that the person who commits the crime of murder in Article 250 (1) of the same Act shall be punished by imprisonment for a limited term, and that person who commits the crime of occupational embezzlement in Article 37 of the same Act shall be punished by imprisonment for a limited term of imprisonment, and that person who commits the crime of murder in Article 38 (1) 2 and Article 50 of the same Act provides that each crime in Article 38 (1) 2 of the same Act provides that the person who commits the crime of murder in Article 57 of the same Act shall be punished by imprisonment

(Dismissal of Public Prosecution)

Of the facts charged against the defendant, at around 19:00 on June 26, 1976, the defendant discovered the non-indicted 4 (the age of 12) from the shores from the 1st day of the forest land owned by the Busan National School located in Busan National School located in 82, the 1976, and divided the two arms, and caused them to be unable to resist, and the prosecutor prosecuted Article 297 of the Criminal Act as applicable provisions for each applicable provision. This is an offense against which a complaint is filed under Article 306 of the Criminal Act, and since there is no trace of a single record, the prosecution procedure becomes null and void in violation of the punishment rate provision, thereby dismissing the prosecution pursuant to Article 327 of the Criminal Procedure Act.

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

Judge Advice (Presiding Judge)