2016Gohap969 Similar Rape

A

Orscop (prosecutions) and Kim Heavy (Trial)

Law Firm B

Attorney C

May 18, 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 two years from the date this judgment became final and conclusive.

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

Criminal facts

around 06:00 on March 6, 2016, the Defendant accessed the victim F (one person, half person, and 22 years of age) who is mixed in the “E club located in Gangnam-gu Seoul Metropolitan Government” and recommended the victim to drink together, and went out of the restaurant with the victim in Gangnam-gu Seoul Metropolitan Government.

On March 6, 2016, at around 08:27, the Defendant: (a) moved the victim who was frightened in the Seocho-gu Seoul Metropolitan Government building into the building; (b) brought the victim’s hacks the victim’s hacks by hand; (c) prevented the victim from getting out of the building by hand; and (d) prevented the victim from getting out of the building by hand; (c) prevented the victim from getting out of the building; and (d) prevented the victim from getting out of the building by bringing the victim’s hacks the victim’s hacks; (d) prevented the victim from getting out of the building; and (e) obstructed the front door from blocking; and (e) pushed the victim from leaving the entrance to the toilet by leaving the victim’s hacks.

Since then, the defendant was unable to resist the victim, such as inducing the victim to go out of the building because the victim was pushed the defendant by hand, tightly pushed the victim into the toilet, tightly pushed the left hand into the part of the victim, leaving the part of the victim, leaving the part of the victim, leaving the part of the victim's body, leaving the part of the victim's body, leaving the toilet with the victim's hand, leaving the part of the victim's body, and preventing the victim from driving the knife and leaving the knife by hand, and putting the victim's knife into the part of the victim's knife, and knife the knife into the part of the victim's knife.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The third protocol of examination of the accused by prosecution;

1. A gene appraisal report;

1. Details of 112 reported cases;

1. Each investigation report (Evidence list 20, 25, 49);

1. Each report (Evidence list 4, 6 through 8, 12, 14);

1. Summary of the suspect's moving route;

1. CCTV closure photographs;

1. Photographs of the scene of crimes, and photograph of the settlement page of cards;

Application of Statutes

1. Article applicable to criminal facts;

Article 297-2 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 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 (in light of the fact that there is no past record of criminal punishment, the relationship between the defendant and the victim, etc., it is difficult to readily conclude that the Defendant has a criminal tendency against many unspecified persons solely for the instant crime; the Defendant orders the Defendant to take a course for the treatment of sexual assault for 40 hours for the purpose of preventing recidivism; the Defendant’s age, family environment, and social relationship, etc. as indicated in the instant argument, are significant adverse effects that the disclosure and notification orders will result in the disadvantage and anticipated side effects that the Defendant will sustain; on the other hand, the effectiveness of the prevention of sexual crimes, etc. that can be achieved, cannot be disclosed and notified to the Defendant.)

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

Although the defendant committed a indecent act by compulsion of the victim, he did not commit a similar rape which inserts the victim's fingers into the part of the victim.

2. Determination

According to the evidence duly adopted and examined by the court, the victim took the "Amrasium," which is the exempted component of the preceding day of this case, and was under the influence of 0.216% at the time of this case, and the statement was not prepared at the time of being investigated by the investigation agency immediately after the crime of this case was committed by the investigation agency, and the victim did not properly prepare the statement at the time of being investigated by the investigation agency. At the request of the defendant, the victim made a statement to the effect that "the defendant did not commit an indecent act by force" (hereinafter referred to as "the statement of this case"), and that "the defendant did not make an indecent act by force" was prepared and made at the police on March 30, 2016. The statement to the effect that "Amrasium, which is the exempted component of this case, was not completely memoryd or completely recorded." The same shall apply to the statement of this case under the influence of alcohol at the time of report."

However, the following circumstances acknowledged by evidence, etc., i.e., the victim made a statement to the effect that the defendant's attorney did not commit the crime in this court. Although the defendant's indecent act was acknowledged, the above statement does not constitute an indecent act by force. ② The victim made several contacts from the defendant from March 8, 2016 to make a statement to the effect that "the victim did not have contact with the defendant" at the time when he made the statement to the effect that "the victim did not have contact with the defendant" at the investigative agency. ③ The victim made a statement to the effect that "after the crime of this case," the prosecutorial office and the defendant made a statement to the effect that she did not have been rape, and that she made a statement to the effect that she did not want to have been rape at the time of the crime of this case." The victim's statement to the effect that she made a statement to the prosecutor's office and the prosecutor's office that she made a false statement to the effect that she did not want to have been raped by the defendant.

Ultimately, the above assertion by the defendant and his defense counsel is rejected.

Reasons for sentencing

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

2. Application of the sentencing criteria;

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to at least 13 years of age), Type 1 (General Rape)

【Special Convicted Persons】 Members not subject to punishment

[Scope of Recommendation] One year to two years of imprisonment (the mitigation area, adult similar rape shall include the first type, but the upper and lower limit of the scope of sentence shall be mitigated to 2/3)

3. Determination of sentence;

Considering the fact that the Defendant committed similar rape with a police officer’s status as a police officer, and was committed to conceal his/her criminal act by asking the victim to the effect that he/she was unable to receive a telephone from an investigative agency or made a false statement to the effect that he/she did not commit any indecent act by force, etc., the Defendant need to strictly punish the Defendant.

However, the crime of this case appears to have committed somewhat contingent acts by the defendant, and the defendant does not want the punishment of the defendant, the defendant has no record of criminal punishment, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, health status, family relationship, means and result of the crime, etc., shall be determined as ordered by considering the following factors.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be subject to the provision of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and a person subject to registration and shall be obliged to submit personal information to the competent agency

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young