2019Gohap810 (Bodily Injury resulting from Rape, etc.)

A

Preliminarys (prosecutions) and Clinicals (Trial)

Law Firm Loel

Attorney Lee Han-soo and Lee In-bok

January 15, 2020

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for disabled persons for five years.

Criminal facts

On September 22, 2019, at around 02:09, the Defendant discovered a victim C (tentative name, 26 years of age) returning home in the vicinity of Gwanak-gu in Seoul Special Metropolitan City, and followed thereafter, and the victim immediately went into the entrance and exit of the joint entrance door, and immediately moves the victim’s head, putting the victim’s head, putting the victim’s head, putting the victim’s head, leaving the entrance and leaving the entrance. The Defendant forced the victim out of the entrance, led the victim by force, led the victim’s head, and led the victim’s hand, and led the victim’s resistance to the victim’s body and pressure and rape the victim’s body, but did not come out of the wind discovered by the neighbor.

As a result, the Defendant invaded on the victim's residence and tried to rape the victim, but caused the victim to do so, and caused the victim to suffer an influence and kneeing in the number of days of treatment to be treated, knee and knee and knee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Reports on internal investigation (Submission of photographs and diagnosis reports on damaged parts of the victim), and medical certificates;

1. Each investigation report (for example, tracking the route prior to the occurrence of the suspect's case, checking on-site CCTV images, tracking the route after the occurrence of the suspect's case), and each CD (Evidence Nos. 14, 17, 21 of the evidence list);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 8(1), 15, and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 319(1) 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. Order to complete programs;

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

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 for a sexual crime, and the registration of personal information, the completion of a sexual violence treatment program, and restrictions on employment of institutions related to children and juveniles, etc. and welfare facilities for disabled persons can expect the effect of preventing recidivism to a certain extent. In addition, considering other various circumstances including the defendant's age, family environment, background of the crime in this case, the process of the crime in this case, expected side effects on the defendant's disadvantage and anticipated side effects due to the disclosure and notification order, expected profits from such order, and effects of the prevention of sexual crimes, it is deemed that there

1. An employment restriction order;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 15 years; and

2. Scope of recommended sentences according to the sentencing criteria;

【Scope of Recommendation】

In case the result of the injury was caused, the mitigated area (6 years to nine years) of category VI (Rape, such as intrusion upon residence, etc.) shall be mitigated.

[Special Mitigation]

Where the result of injury occurred, but the basic crime is attempted;

3. Determination of sentence;

The crime of this case is not very good for the victim to be forced to rape and to inflict bodily or mental harm on the victim by assaulting the victim's residence without a common sense. As a result, the victim seems to have suffered a considerable sexual humiliation and physical or mental pain. The victim is punished by a severe punishment against the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognizes the crime of this case, the fact that the crime of rape was committed in the attempted crime, and the fact that the defendant has no record of criminal punishment.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime of this case, the means and consequence thereof, the circumstances after the crime, etc. shall be considered and the conditions of the present arguments and the sentencing indicated in the records shall be determined as ordered.

Registration and submission of personal information

Where a judgment of 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

Judges Kim Jae-chul

Judges Lee Sung-sung

Judges Lee Young-young