2018Gohap661, 1205(combined), rape and intimidation (Revocation of Public Prosecution)

A

Kim Jong-young, Yellow (Public Prosecution), Habre (Public Trial)

Law Firm (LLC)

Attorney Yoon Tae-ho, and Oi-gun

January 18, 2019

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 lecture for sexual assault treatment for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

Criminal facts

The defendant, around 17:00 on March 11, 2018, had been aware of the victim B (the name, the age of 22) and the "C," which is an Internet hosting site, her drinking alcohol at her motherel, and her drinking alcohol at her hotel E in Gangnam-gu Seoul Metropolitan Government around 23:50 on the same day.

The Defendant, from around 01:00 on March 12, 2018 to around 02:30 on the same day, while drunkd the victim from the same place as the preceding paragraph, and opened the victim’s body on the part of the victim who was placed on the bend, took the victim’s kis, and took the victim’s kis, and continued to take the victim’s kis by hand despite the victim’s check from the victim, and kis by taking the victim’s kis, and kis, took the victim’s kis, kis, and kis, kis, after taking the kis of the victim’s kis as the kis, kis, and kis, kisssssss, and kissssss, she would go back to the victim’s body, so that the victim could not resist, and rape the victim by committing rape.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. B Legal statement;

1. Letters sent and received with the suspect who has submitted the victim, E hotel ctv image closure photographs, gene appraisal replies;

Application of Statutes

1. Article applicable to criminal facts;

Article 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. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 criminal punishment for sexual crimes prior to the instant case, and the defendant is likely to have an effect of preventing re-offending even with the sentence of imprisonment to the defendant, registration of personal information, an order to attend school for the treatment of sexual assault, restrictions on employment to children and juveniles-related institutions, etc. In addition, the defendant's age, environment, family relationship, social relationship, motive and consequence of the crime, method and consequence of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage caused by such disclosure or notification order, and the effect of preventing sexual crimes subject to registration, protection of the victim, etc., it shall not be determined that there are special circumstances against disclosure or notification of 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. Scope of recommendations according to the sentencing criteria;

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

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, one year and six months of imprisonment to three years

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: Although the instant crime was prevented by the Defendant from committing the instant crime, the crime was rape after suppressing the victim’s resistance, and the nature of the crime is not somewhat weak. The victim appears to have been able to have caused a large mental shock and sexual humiliation due to the instant crime.

In light of the favorable circumstances: (a) the Defendant denied the instant crime in an investigative agency and in this court; (b) but at the fifth trial date, the Defendant recognized his mistake and reflects it. The Defendant had no record of criminal punishment prior to the instant case. The Defendant did not want the punishment against the Defendant by mutual consent with the victim.

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person 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 is obligated to submit personal information to the competent authority pursuant to

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu