2018Gohap1134 Rape

A

Yellow Na-young (Public Prosecution), astronomical Appellants (Public Trial)

Attorney Park Jong-soo (Korean)

January 22, 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 40-hour courses for sexual assault therapy.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

Criminal Facts1)

The defendant is a relative who attends the same division as the victim B (son, 19 years of age).

At around 07:00 on July 4, 2018, the Defendant: (a) while drinking alcohol together with the victim, the victim’s friendship E, the Defendant’s friendship; (b) while drinking alcohol with the Defendant’s friendship F, the Defendant: (c) was sexual intercourse with the victim out of the house; (d) was sexual intercourse with the victim; (e) was sexual intercourse with the victim; (e) was sexual intercourse with the victim; (e) was sexual intercourse with the victim; (e) was sexual intercourse with the victim; (e) was sexual intercourse with the victim; and (e) was sexual intercourse with the victim; (e) was sexual intercourse with the victim; and (e) was sexual intercourse with the victim; and (e) was sexual intercourse with the victim; and (e) was sexual intercourse with the victim’s sexual intercourse with the victim; and (e) was sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of B and E;

1. Investigation report (verification of the time required for crimes A and F);

1. The Defendant and F-related message pictures, photographs of the place of the crime, - The victim’s photograph and field photograph, the victim’s body photograph and field photograph, the written request for appraisal, and the gene assessment report (Evidence Nos. 17, 26);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or 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 (the fact that there is no history of sex offense against the defendant; the form of the crime in this case and the relationship with the victim; it is difficult to readily conclude that the defendant has a habitive wall to sexual assault against many unspecified victims; the defendant can expect to a certain extent that he/she can have an effect to prevent recidivism by taking account of the fact that personal information registration and attending a course of sexual assault treatment; and the fact that the defendant can be expected to have an effect to prevent recidivism by disclosure or notification orders; and that there are special circumstances where disclosure or notification of the defendant's personal information should not be disclosed or

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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 recommended sentences according to the sentencing criteria;

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

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from 1 year to 6 years

3. Determination of sentence;

This case is a rape of a victim who is still 19 years of age only by the defendant, and the nature of the crime is not good in light of the background, method, interview, etc. of the crime. The victim seems to have suffered a considerable sexual humiliation and mental suffering due to the crime of this case.

However, the circumstances favorable to the defendant are that the defendant recognized the mistake immediately after the crime, received the letter from the victim late later, and that the defendant has no power or power of the same kind exceeding the fine.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime.

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young

1) Based on the facts found based on the evidence duly adopted and examined by the court, the court partially corrected and revised the facts charged without the amendment process to the indictment to the extent that does not disadvantage the defendant’s exercise of his/her right to defense