2016Ma1245 Quasi-rape

A

Park Jong-won (prosecution) and Kim Jong-sung (Trial)

Law Firm B (Attorney in charge)

February 17, 2017

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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

Criminal facts

At around 23:50 on April 20, 2016, the Defendant discovered the Victim G (V, 24 years old) who was under the influence of alcohol while walking near the Fma in Jongno-gu Seoul, Jongno-gu, Seoul and H (P, 24 years old) and the above Victim H (P, 24 years old).

The defendant sent the above victim to the si in receipt of the request of H along with D, but was unable to get on the si, and went back to the 'Jel in Jongno-gu Seoul Metropolitan Government I' by cutting the victim and H into the 'Jel'.

The Defendant, while under the influence of alcohol, went back to the home with H and D, who are the behavior of the said victim, without having to keep the victim in mind, left together with the said victim, paid accommodation expenses by using the credit card of the said victim. On April 21, 2016, the said victim was 00:56, and was accommodated in the telecom.

The Defendant was accommodated in the above telecom room 207, and the said victim was drunk so that he could have sexual intercourse with the said victim by enjoying in the guest room under the influence of alcohol, and exceeded the clothes of the said victim, and had sexual intercourse by inserting the Defendant’s sexual organ into one part of the said victim’s sound.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the mental or physical condition of the victim under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The prosecutor's statement concerning H;

1. Each police statement of K, L, or M;

1. The application of Acts and subordinate statutes by cutting off on-site identification reports, field identification photographs, hard-to-door CCTV images to take-off data, victim's credit card sales slips, text messages sent to a male-gu by the suspect A, H's telephone statement, H's drinking statement, calculation details of H's drinking value, data to cut off the CCTV images at Nju, State and water appraisal records, and CCTV images approved by the suspect;

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 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 (i.e., the crime committed prior to the crime in this case; thus, it is difficult to readily conclude that the defendant has a risk of recidivism or recidivism because the defendant has not been punished for any crime, including sexual crimes in this case; personal information registration of the defendant against the defendant and attending a course of sexual assault treatment can only be deemed to have an effect of preventing recidivism; the defendant's age, family environment, social relationship, etc. can be seen to have an effect of preventing recidivism; and in light of all the circumstances such as the defendant's age, social relationship, etc., the effect of preventing sexual crimes, which can be achieved by the order to disclose or notify the personal information of

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 according to the sentencing criteria;

1. The general criteria for the crime of rape (subject to the age of 13 or more)

[Special Sentencing] Disapproval of Punishment (Discretionary Elements)

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

3. Determination of sentence;

The Defendant’s crime of this case committed sexual intercourse with the victim in a state of difficulty to resist due to alcohol, which led to the victim’s sexual intercourse with the victim’s sexual intercourse. As such, the Defendant appears to have caused considerable mental impulse and sexual humiliation due to the instant crime, the liability for such crime is not minor.

However, the defendant, as a primary offender, recognized the crime of this case and reflects the fact that the victim and the victim have not been punished under the agreement with the victim, etc., shall be considered as favorable to the defendant. In addition, comprehensively considering all the factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused is a person subject to registration of personal information under 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 agency pursuant to Article 43 of

The presiding judge shall be changed.

Judges Kim Gin-han

Judges Park Jong-ok