2017Mahap203 Rape

A

Orscopic (prosecutions) and semi-catic (public trial)

Attorney B (Korean National Assembly)

April 21, 2017

A defendant shall be punished by imprisonment for not less than one year and six months.

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 the treatment of sexual assault for 80 hours.

Criminal facts

On August 21, 2016, around 19:00, the Defendant came to know of the Victim F (n, 27 years of age) through “E, a mobile phone displayer,” from D located in Ansan-si on August 21, 2016, but on August 21, 2016, “H located in Ansan-si G” as of August 21, 2016, the Defendant provided the Victim’s consent by drinking the Victim and drinking the alcohol to the telecom.

On August 21, 2016, at least 23:30 on August 21, 2016, the Defendant: (a) entered with the victim “JJ” in Mano 707, to drink with the victim; (b) was under the influence of entering the victim; and (c) was collected by the victim’s drafting; and (d) sought to leave the victim’s chest out of the guest room with the victim’s her hand, after hearing the horses that the victim would not speak from the victim; (b) was forced to be under the influence of entering the victim; (c) was collected from the victim’s entrance; and (d) tried to remove the victim’s chest from the victim’s seat; and (d) tried to leave the victim’s panty with his hand, and tried to leave the victim’s chest.

The Defendant, in his hand, deviates from the victim's own panty, laid the victim's right arms at a hold and prevented the victim from leaving the hold out of the hold, and laid the victim's panty in the direction of the victim, laid the victim's sexual panty, laid the victim's sexual flag on the part of the sound part of the victim, and the victim gets the victim to sit the defendant at the floor, and the victim gets the victim to sit on the floor, putting the victim on the floor and have the victim's entrance.

After dancing, the victim tried to engage in sexual intercourse after preventing the victim from resisting the victim, such as putting the victim on the bed, putting the victim on the bed, holding the victim on the bed, holding the victim in standing on the bed body of the victim, making the victim not to be able to do so, making the victim humbling the victim's head twice with his/her hand while intending to do so. However, the victim failed to do so on the wind of making the victim humblingly against the victim and making a report 112.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Jel CCTV video CDs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 300 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 Orders 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 crime of this case appears to have been committed somewhat contingent and contingent, and it is difficult to readily conclude that the Defendant has no record of criminal punishment for sexual crimes and thus, there is a risk of recidivism against the Defendant; the Defendant’s social relative relationship is clear; the Defendant’s personal information registration of the Defendant against the Defendant and taking lectures in sexual assault treatment; the Defendant appears to have the effect of preventing recidivism; the effect of preventing sexual crimes that may be achieved by the order to disclose or notify the information appears to be relatively little, compared to the disadvantages and anticipated side effects that the Defendant suffers, compared to the Defendant’s age, occupation, family environment, motive, means and consequences of the crime of this case).

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations based on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and three years of suspended sentence;

The Defendant, through a mobile phone application, was accompanied by the victim who was first frightened with the victim and frightening the alcohol, and the victim refused the sexual intercourse, and subsequently tried to rape the victim, and the victim appeared to have suffered a considerable sexual humiliation and mental pain due to the instant crime. Such circumstances appear to have been disadvantageous to the Defendant. However, the instant crime was not completed; however, the Defendant, after the second police investigation, led to the confession of the instant crime to this court, and is against the Defendant. The Defendant paid 2 million won to the victim at the early investigation ( September 2, 2016) as compensation for damage, and thereafter, imposed a apology to the victim. The Defendant did not have any history of criminal punishment except for the previous conviction sentenced to a fine of KRW 7 million in 207. The above circumstances are favorable to the Defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime of this case, means and result of the crime of this case, and various sentencing factors specified in the arguments of this case, such as the circumstances before and after the crime, shall be determined as the

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;