2018Ma751 Quasi-rape

1. A;

2. B

Escars (prosecutions) and Mascars (Trial)

C Law Firm, Attorneys D (for all the defendants)

Attorney D (for all the defendants)

November 13, 2018

Defendant A shall be punished by imprisonment for three years, and imprisonment for two years and six months, respectively.

However, the execution of each of the above punishment against the Defendants is suspended for a period of four years from the date this judgment became final and conclusive. The Defendants are ordered to attend the sexual assault treatment lecture for 40 hours.

Defendants shall be subject to employment restrictions for five years at each child or juvenile-related institution, etc.

Criminal facts

At around 11:00 on March 3, 2018, Defendants enjoy entertainment from “F” located in Gangnam-gu Seoul, Seoul, and at the same point of “JJ” in the front of the Defendants: (a) reported that the victim she her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her second her her her her her her her her her her her her her her her her her her her her.

As a result, the Defendants conspired to have sexual intercourse with the victim by taking advantage of the victim’s refusal to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G;

1. CCTV images, gene appraisal reports, investigation reports ( telephone conversations with the witness H), and investigation reports (Attachment to the list of suspect B-related cases);

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Articles 299, 297, and 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act), 1. Suspension of execution

Defendants: Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into account)

1. Order to attend lectures;

Defendants: 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;

The Defendants: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) it is difficult to deem that there is a risk of recidivism or recidivism of sexual assault since there is no same criminal record; (d) Defendant B has the same criminal record; (e) it is difficult to readily conclude that there is a habition or a risk of recidivism of sexual assault; (e) the Defendants living in a certain dwelling and have a relatively obvious social relation; (e) the Defendants appears to have the effect of preventing recidivism; (e) taking lectures of sexual assault therapy, employment system, and personal information registration with respect to the Defendants; (e) the effect of preventing sexual assault crimes that may be achieved by the disclosure order and notification order is relatively low compared to the disadvantages and anticipated side effects to be taken by the Defendants.

1. Defendants of an employment restriction order: Registration of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Where a conviction is finalized on the facts constituting a crime in the judgment, the Defendants are 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 they are obligated to submit personal information to the competent authority pursuant to Article 43 of

1. Reasons for sentencing: Imprisonment with prison labor of one year and six months from June to June 22;

2. The scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime: Quasi-rape;

[Determination of Punishment] General Criteria for rape (subject to the age of 13 or more) Type 1 (General Rape)

【Special Convicted Persons】 Members not subject to punishment

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

(b) Second crime: Quasi-rape;

[Determination of Punishment] General Criteria for rapes (subject to the age of 13 or more)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendation] Reduction Area, one year and six months to three years. The final sentence scope following the aggravation of multiple offenses: Imprisonment of 1 year and six months to four years and six months.

3. The crime of this case was committed in collusion with the Defendants to have committed sexual intercourse by using the victim’s state of impossibility to resist. The victim received a considerable sense of sexual humiliation and mental impulse due to the instant crime. In particular, Defendant A, who got the victim into the telecom, was in charge of leading the instant crime, such as informing Defendant B of the contact room by telephone. It is inevitable to punish the Defendants significantly.

However, under the favorable circumstances, the defendants recognized the crimes, reflects the fact that there is no same criminal history, and the victim expressed his/her intent that he/she does not want the punishment against the defendants, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing specified in the arguments in the instant case, including the defendants' age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc.

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young