2017Ma31 Quasi-rape

A

Han Jin-hee (Public Prosecution) and Kim Jung-hee (Public trial)

Law Firm (LLC) B

Attorney C

May 25, 2017

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

Criminal facts

At around 05:58 on November 21, 2016, the Defendant 201, "E hotel in Gangnam-gu Seoul Metropolitan Government D" 401, "E hotel" 401, and came from the above heading room at around 06:47 on the same day, the Defendant described the victim's chest as soon as the victim her chest, her chest, her breast part, and added the victim's her sexual organ into the drinking part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of resignation concerning F;

1. Each investigation report (Evidence list 11, 14, 16);

1. Requests for appraisal, response to requests and written appraisal;

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished as a sexual crime; the crime in this case alone is difficult to readily conclude that the Defendant has a criminal tendency against many and unspecified persons; and the Defendant’s personal information registration and participation in the treatment course of sexual assault can be expected to some extent to prevent recidivism.

In light of other circumstances, such as the defendant's age, family environment, social relationship, etc., the disclosure and notification order has a big side effect and expected side effects on the defendant's suffering, while the effectiveness of the prevention of sexual crimes that can be achieved by the disclosure and notification order seems to be relatively small, and there are special circumstances that may not disclose and notify the defendant's personal information.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

[Determination of Type] Sex Offenses, General Criteria, Type 1 (General Rape)

【Special Convicted Persons】 Members not subject to punishment

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years (Mitigation)

3. Determination of sentence;

Considering the fact that the Defendant, while under the influence of alcohol, has sexual intercourse with the victim by taking advantage of the victim’s in a state of mental disorder or impossibility to resist, and the nature of the crime is not good, and that the victim appears to have suffered considerable physical and mental impulse due to the Defendant’s crime, the Defendant shall be subject to strict punishment corresponding to the mistake.

However, the defendant shall be sentenced to punishment as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, health conditions, family relationship, means and results of the crime, etc., in consideration of the fact that the defendant has no record of being punished for a sex offense, that the defendant does not want the punishment of the defendant, that the victim does not want the punishment of the defendant by mutual consent with the victim.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the competent agency pursuant to Article 43

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

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young