2017Gohap176 Quasi-Rape, Quasi-Indecent Act by compulsion

A

Bags (prosecutions) and Kim Jung-young (public trial)

Attorney B (Korean National Assembly)

May 11, 2017

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Criminal facts

The defendant is an elementary school just like the victim C(n, 20 years of age).

At around 23:00 on December 10, 2016, the Defendant, along with the Defendant’s friendship D, performed alcohol at the influence of the trade location of the subway No. 2 located in the Seoyang-dong Seoul Gwangjin-gu Seoul Special Metropolitan City, and the Defendant and D, along with the victim and D, got the victim from the floor of the victim’s house located in Dongdaemun-gu Seoul Dongdaemun-gu.

On December 11, 2016, at around 07:00, the Defendant: (a) 07:00 on December 11, 2016, she laid her bed from the victim’s house to the side of the victim; (b) she was able to resist because the victim was diving; (c) she was her breast at the victim’s clothes; (d) she was her chest; and (d) her was her fingerd into the part of the victim’s body; and (d) her was her fingerd into the part of the victim’s body.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s state of non-performance of defense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of amnesty against C;

1. Each report on internal investigation (the sequence 4, 6 of the evidence list);

1. Massenger photograph;

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297-2 (General Provisions) of the Criminal Act

[In view of the following facts: (a) the Defendant’s act of gathering the victim’s chest from the victim’s chest and the act of gathering the victim’s fingers inside a sound constitutes a single single crime; and (b) the Defendant committed several acts of infringing the same legal interest at time and at a place by using them as a single criminal intent; (c) the Defendant’s act of committing an indecent act, such as taking the victim’s chests in a state of refusal to resist at a single criminal intent, constitutes a single quasi-rape; and (d) the Defendant’s act constitutes only a single quasi-rape.

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

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 disclosure and 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 criminal history for the defendant, and the relation between the defendant and the victim, it is difficult to readily conclude that the defendant has a criminal tendency against many and unspecified persons in light of the relationship between the defendant and the victim, and the fact that the defendant's order to complete a program can be expected to a certain extent to prevent recidivism, and in light of all the circumstances such as the defendant's age, family environment, and social relationship as shown in the argument in this case, the disadvantage and anticipated side effects that the defendant suffers due to the disclosure and notification order are relatively less likely, while the effects of sexual crimes that can be achieved can not be disclosed or notified to the

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to at least 13 years of age), Type 1 (General Rape)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 1 year and 8 months to 3 years and 4 months (Basic Area)

* An adult similar rape is included in Category 1, but the upper limit and lower limit of the scope of sentence shall be reduced to 2/3.

3. Determination of sentence;

The crime of this case is an act of similar rape, such as putting a hand in the clothes of a victim who is unable to resist because the defendant was satisfyed at the home of the victim, who was an elementary school, and satisfy, and putting him into the drinking part of the victim, and the nature of the crime is bad, and the victim seems to have suffered a considerable sexual humiliation and mental impulse. Nevertheless, it is necessary to punish the defendant strictly considering the fact that the damage has not been recovered up until now and that the agreement with the victim has not been reached.

However, considering the fact that the defendant is recognized as committing a crime and is against himself, the fact that the defendant is deemed to have committed the crime of this case by contingency under the influence of alcohol, the fact that the defendant has no record of punishment for the same kind of crime, and the defendant's age, family relation, character and conduct, environment, means and method of committing a crime, motive and circumstance of a crime, etc., the punishment is determined as per the order beyond the minimum sentencing guidelines, taking into account all the sentencing conditions specified in the arguments of this case

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young