2014Ma280 Quasi-rape

this Dol-gu (82 years old, South) and in the office of

Residential Suwon City

Suwon-si of reference domicile

Hexle (Lawsuits) and Male-Jin (Court Decision)

Attorney Lee Dong-young (National Assembly)

November 11, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Criminal facts

On April 7, 2014, at around 50 50, the Defendant continued to drink alcoholic beverages by changing the place to "Saeng Do," the Internet Doctrine members, including "Sae, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, and Doctrine Doctrine."

The Defendant would bring the victim under the influence of alcohol in his house while drinking in the above & sing and singing, and brought the victim, who was under the influence of alcohol in a taxi, to a telecom in the manner of inciting the right to use the right in a telecom.

On April 7, 2014: (a) around 00, the Defendant: (b) lost the spirit of alcohol inciting the right-holder at Suwon-si; (c) lost the victim who was unable to resist due to diving; (d) was placed on the bed; and (e) exceeded the victim’s sexual intercourse at one time with the victim, who had sexual intercourse.

Summary of Evidence

1. Statements by the defendant in part;

1. The legal statement of the witness at least ○○;

1. Two copies of the CCTV CDs;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 299 and 297 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Order to complete a program;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant: (a) was able to leave the victim’s maximum ○○ in a telecom, laid down the victim’s body, and tried to have a sexual intercourse with the victim’s body; (b) however, the Defendant attempted to have a sexual intercourse with the victim’s body. However, the Defendant did not reach the wind of the victim’s body and carried the victim’s body into an attempted crime without putting the victim into a bridge.

2. Determination

살피건대 , 이 법원이 적법하게 채택 , 조사한 증거에 의하여 인정되는 다음과 같은 사 정들 , 즉 ① 피해자는 수사기관에서부터 이 법정에 이르기까지 피고인이 당시 성기를 삽입하였다는 취지로 범행사실과 그에 대한 자신의 대처 내용 , 범행 전후의 정황에 관 하여 일관되게 구체적으로 진술하고 있고 허위로 진술할 만한 동기나 이유를 찾기 어 려운 점 , ② 피고인과 피해자의 각 수사기관 및 법정 진술 , 모텔 CCTV 영상 등에 의 하면 , 피해자는 모텔에 들어갈 무렵 스스로 몸을 가누지 못할 정도로 술에 만취하였고 모텔에서 눈을 떴을 때 이미 피고인에 의하여 치마 , 스타킹 , 팬티가 벗겨진 상태였으므 로 성기를 삽입하려는 피고인의 시도를 막기 어려웠을 것으로 보이는 점 등을 종합하 면 피고인이 술에 취해 항거불능 상태에 있는 피해자와 강제로 성관계한 사실을 충분 히 인정할 수 있으므로 , 피고인 및 변호인의 위 주장은 받아들이지 아니한다 .

Reasons for sentencing

1. The scope of punishment by law;

2. Application of the sentencing criteria;

[Determination of Type] General Criteria for Sexual Offense (subject to 13 years of age or older)

【Determination of the recommended Area】

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years

3. Determination of sentence;

The crime of this case is a case in which the defendant and the victim who spawn after drinking alcohol that the defendant came to know at a meeting with Internet massage spawn, were forced to drink, and the victim was sexually related. In light of the fact that the victim did not seem to have been spawn due to the crime of this case, and that the victim was spawn, and that the victim was spawning severe punishment, it is inevitable to sentence the defendant with severe punishment.

However, when the victim continuously refuses the sexual intercourse, the defendant shall determine the punishment such as the order, by taking into consideration the circumstances favorable to the defendant, such as the suspension of the crime and leaving the place, and there is no heavy penalty force over the postponement of the performance of the crime.

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

Registration of Personal Information

Where a conviction becomes final and conclusive on the crime of this case, which is a sexual crime subject to registration, 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 the defendant is obligated to submit personal information to the competent agency pursuant to

Matters concerning disclosure order and notification order

In light of the following facts: (a) the Defendant has no previous record of a sexual crime; and (b) the Defendant is hard to determine that there is a habit of a sexual assault crime against the Defendant; or (c) the risk of recommitting a sexual assault; and (d) other benefits expected by the disclosure order or notification order of this case and the effect of preliminary deposits, and disadvantages and side effects therefrom; and (b) the Defendant is deemed to have special circumstances where disclosure and notification of personal information under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse should not be made; and (c) such disclosure order and notification order are not imposed.

Judge Lee Jae-young

Freeboard Kim

Egypt