2017Ma655 Quasi-rape

A

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

Attorney B (Korean National Assembly)

October 13, 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 lecture for the treatment of sexual assault for 80 hours.

Criminal facts

The defendant is a person who has worked in the UAC.

At around 19:00 on May 2, 2016, the Defendant, at around 19:0, engaged in sexual intercourse with the victim F (at the time, 24 years of age) who was found in order to obtain counseling on studying abroad at the 'E' restaurant of the second floor of the D Building in Gangnam-gu Seoul, Seoul, and after drinking alcohol at the main point of "G" in the vicinity of "G" and then became unable to keep the mind by drinking alcohol, the Defendant, at around 01:16 on May 3, 2016, 309 of IT hotel in Bupyeong-gu, Incheon, Seo-gu, Incheon, with the victim, was sexual intercourse twice by getting off the clothes of the victim who was locked, and inserting his sexual organ into the part of the part of the victim, and inserting the Defendant's sexual organ into the part of the part of 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 prosecutor's statement concerning the F;

1. To submit a report on internal investigation (to attach a record of the J message) and a report on internal investigation (to attach a record of visual data);

1. Records of J messages, video data editing photographs, hotel photographs, etc.;

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297 (General Provisions) 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. In full view of all the circumstances, such as Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, 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 (it is difficult to readily conclude that the Defendant has no record of criminal punishment previously imposed on him/her, and thus, there is a risk of recidivism or recidivism by taking part in the registration of personal information of the Defendant and the lecture of sexual assault treatment merely to a certain extent, and the effect of preventing recidivism can be achieved due to the disclosure order or notification order compared to the disadvantage and anticipated side effect that the Defendant suffers, etc. due to the disclosure order or notification order, there is a special circumstance that the disclosure or notification of personal information may not be disclosed or notified).

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations according to the sentencing criteria;

1. The general criteria for the crime of rape (subject to the age of 13 or more)

[Special Sentencing] Disapproval of Punishment (Discretionary Elements)

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

3. Determination of sentence;

In order to provide counseling related to studying abroad, the Defendant quasi-rapeed the victim with the influence of alcohol and the state of failing to resist. The victim appears to have undergone considerable sexual humiliation and huge mental suffering due to the instant crime. Such circumstances are disadvantageous to the Defendant.

However, in this court, the Defendant has led to the confession of all the facts charged, divided and reflected his mistake. The Defendant agreed with the victim, and the victim does not want to punish the Defendant. The Defendant appears to have committed the instant crime, and there is no record of criminal punishment exceeding the fine prior to the instant crime. Such circumstances are favorable to the Defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime of this case, means and result of the crime of this case, and various sentencing conditions specified in the trial process of this case, such as the circumstances before and after the crime, shall be determined as ordered.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, 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.

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;