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| TITLE | Supreme Court en banc Decision 2009Do6058 Decided November 19, 2009【Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Rape) [Convicted Title of Crime: Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. against Minors under Thirteen Years of Age)]? Violation of the Act on the Protection of Juveniles from Sexual Exploitation (Rape, etc. of Juvenile)】 [full Text] |
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[1] Where a crime is not punishable against a victim’s wishes as provided in Article 16 of the Act on the Protection of Juveniles from Sexual Exploitation, whether a legal representative’s consent is necessary for the juvenile victim to express his/her intention as to whether he/she wants a defendant/suspect to be punished (negative) [2] The case affirming the judgment of the court below which dismissed the charge of violation of the Act of the Protection of Juveniles from Sexual Exploitation out of the facts charged against the Defendants on the ground that, although the victim was only 14 years and 10 months old at the time when she retracted her previous wish to punish the Defendants in the court of first instance, if her retraction was made with mental capacity, it is valid even without the consent of her legal representative |
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