All
| TITLE | Supreme Court en banc Decision 2012Do14788, 2012Jeondo252 Decided May 16, 2013【Violation of the Punishment of Violences, etc. Act (Violence by Mob Assault, Deadly Weapon, etc.)ㆍQuasi-RapeㆍViolation of the Punishment of Violences, etc. Act (Inflicting Injury by Mob Assault, Deadly Weapon, etc.)ㆍViolation of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (Aggravated Rape)ㆍDetentionㆍOrder to Attach Electronic Monitoring Device】 [full Text] |
|---|---|
| Summary | |
| Whether the term “female” as a victim of rape as provided by Article 297 of the Criminal Act includes an offender’s legally married wife (affirmative); whether the crime of rape is established even in a substantively maintained marital relationship, when a husband has sexual intercourse with his wife by means of violence or intimidation to such an extent as to make it impossible or manifestly difficult to resist (affirmative); and standard for determining whether the husband’s violence or intimidation against his wife reached such a point as to make it impossible or manifestly difficult for the victim to resist | |
