2018Ma332 Quasi-rape, attempted quasi-rape, inducement and quasi-indecent act

A

Hand-time (prosecution) and Kim Jong-hwan (public trial)

Law Firm B

Attorney C

June 1, 2018

A defendant shall be punished by imprisonment for not less than two years and six months.

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 provide community service for 80 hours and take lectures for the treatment of sexual assault for 40 hours.

Criminal facts

On October 16, 2017, the Defendant: (a) parked G K5 cars owned by the Defendant on the front road of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, from around 23:40 to October 17, 2017, with the knowledge that there are many females returning home late at night after drinking in subway No. 2 Station E Station in Pyeongtaek-gu, Seoul Special Metropolitan City; (b) parked G K5 cars owned by the Defendant on the front road of the said women; and (c) colored women who met while sending the above E Station from around 23:40 to around 00:55 on October 17, 2017.

1. Inducement of sexual intercourse;

On January 10, 2017, at around 00:55, the Defendant: (a) discovered that the victim H (n, 19 years of age) who was drunk in the Ethical area was unable to walk properly in the stairs and railing; and (b) made a false statement that the victim “I will move to his house” for the purpose of sexual intercourse with the victim; and (c) moved the victim to the front road of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant enticed the victim for the purpose of sexual intercourse.

2. Quasi-decent acts;

On October 17, 2017, around 02:13, the Defendant driven the said G K5 car from the front day of Gwanak-gu in Seoul to the front day of Gwanak-gu in Seoul Special Metropolitan City, and was under the influence of a victim who could not properly resist the drinking by the Chief of the said car operation, and became under the influence of the victim's chest. Accordingly, the Defendant committed an indecent act by taking advantage of the victim's mental disorder or the state of refusing to resist.

3. Attempted quasi-rape;

On October 17, 2017, the Defendant determined that it is difficult for the Defendant to have sexual intercourse with the victim because of the person who committed an indecent act against the victim as referred to in paragraph (2) and passed by, and decided on October 17, 2017, the Defendant used the above G K5 car from the front to the front of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (on the road, from the front to the front of the Gwanak-gu, Seoul Special Metropolitan City, the Defendant was placed on the back seat of the victim so as to attract the victim who could not properly resist the victim by drinking, and tried to get off the victim’s rocks and clothes, and put the sexual organ into the back part of the victim’s body, but the victim did not come into the wind.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

4. Quasi-rape;

On October 17, 2017, the defendant tried to have sexual intercourse with the victim as stated in paragraph (3) and moved the victim's 'L' located in K in Seoul Special Metropolitan City, Gwanak-gu around 03:5 on an attempted attempt, and had the victim's bar and clothes drunk in the guest room where it is impossible to identify the number of the above mother's apartment, and had the victim's bar and the victim's sexual organ inserted the victim's sexual organ into the part of the victim. After the lapse of one hour, the defendant again inserted the victim's sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse twice with the victim by taking advantage of the victim's mental or physical condition of non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on internal investigation (M convenience points, CCTV image verification in E calendars), investigation report (verification of CCTV images by the Control Center), investigation report (the closure of a suspect prior to committing a crime and the vehicle moving route of a suspect);

1. Application of the Acts and subordinate statutes to the suspect's closure photographs, photograph of the suspect's vehicle mobile CCTV course photograph and the movement route of the suspect before committing the crime;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 288(1) of the Criminal Act (the point of inducement), Articles 299 and 298 of the Criminal Act, Articles 300, 299 and 298 of the Criminal Act, Articles 300, 299 and 297 of the Criminal Act (the point of attempted quasi-rape), Articles 299 and 297 of the Criminal Act (the point of quasi-rape, including the point of quasi-rape)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes prescribed for the crime of quasi-rape with the largest punishment and the highest punishment)

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. Social service order;

Article 62-2 of the Criminal Act

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. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 [the defendant has no history of criminal punishment prior to the instant case]. In addition, it appears that the defendant’s sentence of imprisonment (for example), registration of personal information, and lecture order for sexual assault treatment can have the effect of preventing recidivism to a certain extent. In full view of the defendant’s age, environment, family relationship, social relationship, motive for and consequence of the crime, method and consequence of the crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the defendant’s injury caused by disclosure and notification, and the effect of the protection of the victim, it is determined that there are special circumstances where disclosure or notification of the defendant’s personal information should not be disclosed or notified. Thus, the defendant’s order to disclose or notify the defendant’s personal information on the grounds of sentencing on January 1, 2018>

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: Quasi-rape;

[Determination of Punishment] General Criteria for Sexual Crimes (subject to 13 years of age or older) Case No. 1>

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

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

(b) Inducement of sexual intercourse;

[Determination of Punishment] Types 2 (In the case of abduction and inducement of human trafficking (including concealment, transfer to a foreign country, solicitation, transfer of transport)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, 8 months to 2 years. Quasi-Indecent act by compulsion

[Determination of Type 1] Crimes of Indecent Act by Force by Force (Indecent Act by Force) on the General Standards for Sex Offenses (subject to the age of 13 or more)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, one month of imprisonment to one year

(d) Attempted quasi-rape: An attempted crime is not subject to the sentencing guidelines;

(e) Final recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year and six months (inasmuch as the crimes for which the sentencing criteria are set and the crimes for which no sentencing guidelines are set are concurrent crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the sentencing range in the sentencing criteria for the crimes of quasi-rape, which are basic crimes

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

In this unfavorable circumstances: the Defendant discovered a female under the influence of alcohol in the subway station, and enticed the victim into the Defendant’s car for the purpose of sexual intercourse, and committed an indecent act against the victim under the influence of alcohol in the said car, which was in the state of mental disorder or disability to resist, and continued to drive the victim in an rare place, and had sexual intercourse with the victim, but the victim attempted to have sexual intercourse with the victim. In light of the background, method, planning, etc. of the crime, the crime is not good. The victim seems to have caused considerable mental impulse and sexual humiliation.

The circumstances favorable to ○○: The Defendant recognizes his mistake and reflects the Defendant, and there is no record of criminal punishment prior to the instant case. The victim’s family and person wish not to be punished by the Defendant. The Defendant’s family and person wishing to have the Defendant’s wife. In a case where a conviction becomes final and conclusive with respect to quasi-indecent act, attempted quasi-rape, and quasi-rape as indicated in the judgment that constitutes a sex offense subject to registration and submission of personal information, the Defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,

Meanwhile, with respect to the defendant, a sex crime which causes the registration of personal information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent pursuant to Article 37 of the Criminal Act and the punishment is determined pursuant to Article 38 of the Criminal Act. The period for registering personal information resulting therefrom is 15 years pursuant to Article 45(1)3 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. However, in full view of the nature of each of the crimes in this case and the severity of the crimes, it is not recognized that the period for registering personal information of the defendant is unreasonable, and therefore,

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu