

Q
Sexual assault attorney, does a sex crime committed while intoxicated receive a reduction of sentence?
Views8,250
Hello. Sexual assault attorney.. I found out that my daughter was sexually assaulted and proceeded with a report.. So the culprit was caught, but they say that because he committed the offense while intoxicated, the punishment will be light? Is the punishment really light for a sexual assault committed while intoxicated?? I cannot sleep because of this...
Sexual assault attorney
Answer to Related Inquiry
Author: 고병준
Hello. This is a sexual assault attorney at Daeryun Law LLC.
In relation to sexual violence crimes targeting children and adolescents, even if the offense was committed while intoxicated, a reduction of sentence is not necessarily granted.
In general, our Criminal Act allows a sentence to be mitigated where a crime is committed in a state of mental and physical weakness due to alcohol, drugs, or the like.
However, in the case of sex crimes against children and adolescents, under Article 19 of the 「Act on the Protection of Children and Adolescents against Sexual Abuse」, the application of Article 10 of the Criminal Act (the provision on mitigation for mental and physical weakness) and the like can be excluded, so in practice there is a trend in which a reduction of sentence due to intoxication is not readily recognized.
That is, the court determines whether to apply mitigation at its discretion, and a mere state of intoxication makes it difficult for the sentence to be mitigated; rather, a severe punishment may be pronounced as a serious crime.
In particular, sexual violence crimes against minors cause great social harm and carry relatively heavy statutory penalties, and under Article 302 of the Criminal Act and the like, a person may be subject to imprisonment of up to 5 years.
For detailed matters, you may wish to confirm through a consultation with a sexual assault attorney.
As a prompt and accurate response is important above all, we recommend that you not agonize alone but instead seek the direction of response together through a consultation with a sexual assault attorney.

Sex Crimes Attorney
Legal consultation booking
All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.
Phone
consultation 1800-7905
Available 24/7, 365 days
for consultation requests

KakaoTalk
consultation
KakaoTalk channel
Daeryun Law Firm Attorneys

Online
consultation
We provide tailored
legal services.
Deals & Cases
More
Related Practice Areas
More
Do you have more questions?




