2017Ma71 Quasi-rape

A

Orscopic (prosecutions) and semi-catic (public trial)

Attorney B

April 14, 2017

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Criminal facts

On August 28, 2016, around 23:30 on August 28, 2016, the Defendant accessed the victim E (tentative name, leisure, 28 years of age) at the main point of “D” located in Seocho-gu Seoul Metropolitan Government, and made knife, and knife the victim and f in the vicinity of the above main point.

On August 29, 2016, the Defendant, at around 03:00 on August 29, 2016, hereinafter “H” hotel 1301 in Gangnam-gu Seoul, had sexual intercourse with the victim, who was unable to resist due to being drunk, with his mind as a hotel 1301.

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. Each police statement to E, I, and J;

1. H hotel CCTV storage CDs;

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 (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Order to complete programs;

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 an order to disclose or notify information; 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 (i.e., the Defendant was punished for any crime including sexual crimes before the crime in this case; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism; the Defendant’s personal information registration of the Defendant and taking taking courses for the treatment of sexual assault can only be deemed to have an effect of preventing recidivism; the Defendant’s age, family environment, social relationship, etc. can be seen to have an effect of preventing recidivism; in light of all the circumstances, such as the Defendant’s age, social relationship, etc., the effect of preventing sexual crimes that can be achieved by such order compared to the disadvantages and anticipated side effects that the Defendant suffers, and the effect of protecting the victim of sexual crimes

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

【Special Convicted Person】

[Scope of Recommendation] Two to Five years (Basic Area)

3. Determination of sentence;

The crime of this case is committed in this court because the defendant took the victim first in drinking house into a hotel and has sexual intercourse using the victim's state of impossibility to resist. It is not good that the crime of this case is committed. Accordingly, the victim complained of mental and physical suffering and filed a strict punishment against the defendant. Such circumstances are disadvantageous to the defendant.

However, in light of the fact that the defendant has no record of criminal punishment, the fact that the defendant denies his/her crime in the first police, but after the prosecution, he/she recognizes his/her crime, etc., the defendant's age, character and conduct, family relations, living environment, health conditions, motive, means and consequence of the crime, and all sentencing factors in the trial process of this case, such as the circumstances after the crime, the punishment shall be determined as the order beyond the lower limit of the recommended sentence according to the sentencing guidelines and the sentence

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive due to a crime committed against a defendant, the defendant is a person 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 is obligated to submit personal information to the competent authority pursuant to

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;