2018Gohap1100

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape);

(b) An aid in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. A.

2.2.B

In order to file prosecutions, tents (Trials)

Law Firm Min (Defendant A) (Attorney Kim Gyeong-tae, Counsel for defendant-appellant)

Attorney Park Jong-gil (the national election for the defendant B)

January 22, 2019

Defendant A shall be punished by imprisonment with prison labor for three years and by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 4 years for Defendant A, and for 3 years for Defendant B from the date this judgment became final and conclusive.

To order the Defendants to attend the sexual assault therapy for 40 hours.

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

Criminal History Office

1. Defendant A

On May 22, 2018, the Defendant sent a text message to B, “B, while playing in the “D club in Seocho-gu Seoul Metropolitan Government,” around May 2, 2018, that B would play together with the victim E (the age of 23) and face with each other, and that B would have a sexual intercourse with each other, and that B would use a mobile phone, “I would like to be affiliated with the said women’s dial-a-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-ba-s

On May 22, 2018, at around 07:00, the Defendant, located in Gangnam-gu Seoul, where B was informed, opened a visit to the above Fheading room and entered into the said Fheading room without locking, and inserted the victim’s chest and sound, who was under the influence of alcohol on the bed part, into the part of the victim’s drinking room. Accordingly, the Defendant invaded into the room occupied by the victim and had sexual intercourse by taking advantage of the victim’s mental health condition.

2. Defendant B

On May 2, 2018, around the new wall, the Defendant: (a) completed the sexual intercourse with the said victim; and (b) took text messages using mobile phones so that A may rape the victim, as described in the preceding paragraph, and (c) took care of the victim’s status and the location of the said H’s 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 shes, and (d) her her her her her her her her her her shes

As a result, the Defendant aided and aided the Defendant to facilitate the crime of A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. The text content of the victim and the police officer in mobilization, the 112 reported case processing table, the - I conversation photograph, one copy of CCTV CD, and - a written appraisal;

Application of Statutes

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

A. Defendant A: Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 319(1) and 299 of the Criminal Act; Selection of limited imprisonment

B. Defendant B: Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Articles 319(1), 299, and 32(1) of the Criminal Act; selection of limited imprisonment

1. Aid and mitigation;

Defendant B: Articles 32(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “convenive circumstances”)

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (The following, repeated consideration of favorable circumstances among the reasons for sentencing)

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;

Defendants: Articles 47(1) and 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’s age has no same criminal record, and thus it is difficult to view that there is a risk of recidivism or recidivism; the Defendants’ living in a certain dwelling and are relatively clear social relation; taking courses for treating sexual assault against the Defendants; taking courses for treating sexual violence; taking restrictions on employment; and registering personal information on the sole basis of disclosure and notification orders; the effect of preventing sexual assault that can be achieved by the Defendants compared to the disadvantages and anticipated side effects that the Defendants may suffer; and considering the Defendants’ age and family environment, there are special circumstances in which disclosure and notification of personal information may not be disclosed to the Defendants).

1. An employment restriction order;

Defendants: In cases where the judgment of conviction becomes final and conclusive on each criminal fact subject to registration and submission of personal information under 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) and Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the Defendants are persons subject to registration of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and they shall submit personal

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A: Imprisonment with prison labor for two years and six months to fifteen years;

(b) Defendant B: Imprisonment with prison labor for one year to three months, or seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

A. Defendant A

[Determination of Punishment] General Criteria for rape of the Second Type (Quasi-rape, such as Violation of Residence)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendations] Reduction Area, 3 years to 5 years

B. Defendant B: An aiding and abetting offender, which is not subject to the sentencing guidelines.

3. Determination of sentence;

Defendant A’s act of intrusion on the part of the victim’s maternity, thereby committing sexual intercourse with the victim’s refusal to resist. Defendant A is bad. Defendant B, without protecting the victim, provided that the victim was under the influence of her mother, and that the victim was under the influence of her mother, and that the her entrance was opened. Defendant B did not have any such act, but did not commit the crime. Defendant A’s act would have been contrary to Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The crime committed by the Defendants is deemed to have been committed to the extent that the crime was committed against joint rape under Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. As such, the victim appears to have received a considerable mental impulse and sexual humiliation. Accordingly, the Defendants need to be punished corresponding thereto.

However, considering favorable circumstances, such as the Defendants’ recognition of the crime, the violation of the law, the absence of any criminal records against the Defendants, the victim expressed his intent that he does not want the punishment against the Defendants, and Defendant B should be held liable only corresponding to the illegal act after being prosecuted, while aiding and abetting Defendant A’s crime. In addition, all of the sentencing factors indicated in the pleadings of the instant case, including the Defendants’ age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as per Disposition by comprehensively taking into account the following factors.

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young