2017Ma208 Quasi-rape

A

Orscop (prosecutions) and Kim Heavy (Trial)

Law Firm B

Attorney C

July 6, 2017

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 became final and conclusive.

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

Criminal facts

On August 27, 2016, at the "E" club located in Yongsan-gu Seoul Metropolitan Government, around 01:00 on August 27, 2016, the Defendant met with his/her female and his/her female and drinking at the "E" club, which is located in Yongsan-gu Seoul Metropolitan Government, and went to the office of the victim located in Gangnam-gu Seoul Metropolitan Government.

On August 27, 2016, between 05:30 on August 27, 2016 and 07:14 on August 27, 2016, the Defendant, while drinking in the victim’s office, exceeded the clothes of the victim, who was unable to resist, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of resignation concerning F;

1. A transcript;

1. Two copies of a map of origin and site;

1. Each report (Evidence list 6, 7, 10, 12, 14);

1. Request for provision of communications data and reply data from a radio operator;

1. One copy of a photograph registered for driver's license;

1. Photographs from the scene of occurrence;

Application of Statutes

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. 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 history of criminal punishment, the relationship between the defendant and the victim, etc., it is difficult to readily conclude that the crime in this case alone has a criminal tendency against many and unspecified persons; the personal information registration of the defendant against the defendant and the lecture for sexual assault treatment can only be expected to a certain extent to prevent recidivism; in light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., the adverse effect that the disclosure and notification orders may result in the disadvantage and anticipated side effects that the defendant will sustain, while it appears that the effect of the prevention of sexual crimes that can be achieved is relatively less than anything else, there is no special circumstance to disclose and notify personal information to the defendant)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

[Determination of Type] Sex Offenses, General Criteria, Type 1 (General Rape)

【Special Convicted Persons】 Members not subject to punishment

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

3. Determination of sentence;

Considering the fact that the Defendant had sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist under the influence of alcohol, and the nature of the crime is not good, and that the victim appears to have received considerable physical and mental impulse due to the Defendant’s crime, the Defendant shall be subject to strict punishment corresponding to the mistake.

However, the defendant shall be sentenced to punishment as ordered in consideration of various sentencing conditions shown in the arguments in this case, such as the age, character and conduct, health conditions, family relationship, means and result of the crime, etc., as well as the fact that the defendant has no record of criminal punishment, that the defendant does not want the punishment of the defendant by mutual consent with the victim.

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 registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the competent agency pursuant to Article 43

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