2018Gohap1027 Rape

A

Yellow Namin (Court) and Kim Sung-won (Court of Justice)

법무법인 더쌤

Attorney Kim Chang-hwan

January 25, 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 becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Criminal facts

The defendant is a victim B (n, 29 years of age) and a introduction-rating with the first space.

On May 1, 2018, at around 03:20, the Defendant entered the victim’s house located in Gwanak-gu in Seoul Special Metropolitan City, 100, stating that the Defendant would use only toilets for the victim who refused to enter the house, and continued to have sexual intercourse with the victim by putting the victim who attempted to be subject to and refusing to be under the influence of the victim’s own entrance, when he was sitting together with the victim, on the part of the victim, on the part of the victim’s body, and tightly divided the shoulder, etc. of the other victim who was placed on the part of the victim’s body into the bedroom, and her finger and panty, and her finger into the victim’s body, and continued to have sexual intercourse.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. CCTV video CDs;

1. Written reply to the request for appraisal and legal chemical appraisal;

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. To exempt the public disclosure order, notification order and employment restriction order;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) proviso (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 47(1) and 49(1) of the order to disclose or restrict personal information of the defendant.

Reasons for sentencing

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

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Type 1 (General Rape) of rape (subject to 13 years of age or older)

[Special Mitigation] Ad hoc Inspector

[Recommendation and Scope of Recommendations] Reduction Area, one year to six years

3. Determination of sentence;

The crime of this case is not a good crime because the defendant had sexual intercourse with the victim by force despite the intention of the victim to use the toilet only, and even if the defendant clearly refused to enter the house of the victim. The victim seems to have suffered a considerable physical and mental pain due to the crime of this case. This is the circumstances unfavorable to the defendant.

However, the Defendant has led to the confession and reflect of the crime in this court. The victim does not want the punishment of the Defendant by mutual consent with the victim. The Defendant has no record of criminal punishment, and the family members of the Defendant have appealed against the Defendant, and seems to have relatively good social relation. This is the circumstances favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

Registration 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 agency pursuant to Article 43

The presiding judge and the deputy judge;

Regular Category of Judges

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