CONTENTS
- 1. The Story of the Client Charged with Attempted Rape
- 2. Elements of the Charge of Attempted Rape
- - Elements of the Charge of Unlawful Confinement
- - Elements of the Charge of Destruction of Property
- 3. The Specialist Attorney Responding to the Attempted Rape Charge
- - Emphasizing the Absence of Intent to Rape
- - Emphasizing Admission of the Confinement and Destruction Charges and Genuine Remorse
- - Handling the Settlement
- - Emphasizing That the Client Has No Criminal Record and No Risk of Reoffending
- 4. Trial Outcome in the Attempted Rape Case
1. The Story of the Client Charged with Attempted Rape
This is the account of a client who sought assistance after being accused of attempted rape, unlawful confinement, and related charges.
The client worked as a manager at a bar and had been dreaming of opening his own bar.
During that time, through an introduction arranged by the floor manager, he had a blind date with the victim in this case, who worked there part-time.
The client fell in love with the victim at first sight, and they went on dates while feeling mutual affection. However, the victim did not clearly express her feelings to the client, and the client says he began to feel anxious.
Later, while browsing the victim's social media, the client learned that the victim had been drinking and spent the night with another man.
The client then called the victim out and asked about their relationship, but the victim continued to avoid answering.
Because the conversation seemed likely to drag on, the client led the victim to a nearby alley and continued talking. The conversation went well, and the client and the victim headed to a bar and drank together.
Afterward, the client jokingly said that, just as she had spent the night with another man, she should spend tonight with him, and the victim agreed, so they headed to a motel, he says.
The client entered the motel and confessed his feelings to the victim, and the victim accepted his confession, so they became a couple. The client then naturally asked the victim for sexual relations, but the victim became angry and said she was going home.
The client suddenly became angry at the victim and struck the victim's face with his palm without realizing it. Fearing that he would face an assault charge if the victim left the room, he says he blocked the victim from opening the door.
In addition, he says he could not control his anger and struck the motel wall, causing a partition wall to collapse.
After the incident, the victim filed a criminal complaint against the client for attempted rape and unlawful confinement, and the motel owner filed a complaint against the client for destruction of property, placing him at risk of punishment in this case.
2. Elements of the Charge of Attempted Rape
Among the client's charges, attempted rape refers to an attempt to commit the crime of 🔗rape that ends in an attempt.
Rape refers to the crime of raping a person by violence or intimidation.
The court must not hastily conclude, based solely on the fact that, viewed in hindsight, the victim could have escaped the scene of the crime before the intercourse or that the victim did not resist with all her might, that the perpetrator's violence or intimidation did not reach a degree that made the victim's resistance significantly difficult (see Supreme Court Decision 2005Do3071, July 28, 2005, and others).
The Supreme Court has ruled as above regarding the violence or intimidation that is a requirement for the establishment of the crime of rape.
In the case of attempted rape, the crime is established when a person, despite the victim's refusal of sexual relations, uses violence or intimidation in an attempt to commit rape but fails.
Under Article 297 of the Criminal Act, rape is punishable by imprisonment for not less than three years, and under Article 300 of the Criminal Act, an attempt is also punishable.
Elements of the Charge of Unlawful Confinement
The client's other charge, unlawful confinement, is established where one restricts a person's physical freedom and forces the person to remain in a certain space.
🔗Unlawful confinement is punishable, under Article 276 of the Criminal Act, by imprisonment for up to 5 years or a fine of up to 7 million won.
Elements of the Charge of Destruction of Property
The offense of destruction of property is established when the utility of another person's property or the like is impaired by means such as destruction or concealment.
🔗Destruction of property is punishable under Article 366 of the Criminal Act by imprisonment for not more than 3 years or a fine of not more than 7 million won.
3. The Specialist Attorney Responding to the Attempted Rape Charge
The attorney responded as follows for the client.
Emphasizing the Absence of Intent to Rape
The specialist attorney emphasized that the client had no intention to commit rape.
The client's assault of the victim was an impulsive act committed in a moment when he failed to control his emotions.
The attorney argued that, because the client did not commit the assault for the purpose of rape, there was no intent to commit rape.
Emphasizing Admission of the Confinement and Destruction Charges and Genuine Remorse
The specialized attorney emphasized that the client acknowledged and was reflecting on the charges of confinement and destruction of property.
After the incident, the client realized that restricting the victim's freedom was a crime and apologized wholeheartedly.
Also, by paying in full the repair cost for the damaged partition wall, the client conveyed an apology to the motel owner and made amends, if only monetarily.
Handling the Settlement
On behalf of the client, the specialist attorney undertook to handle the settlement with the victims in this case.
The specialist attorney presented a reasonable settlement amount to the victims of the attempted rape, the assault, and the destruction of property, reached settlements, and obtained settlement agreements and statements of no desire for punishment.
In particular, the victims of the attempted rape and the assault accepted the client's apology and even prepared written petitions.
Emphasizing That the Client Has No Criminal Record and No Risk of Reoffending
The specialized attorney emphasized that the client had no criminal history and no concern of reoffending.
The client had until then only worked hard toward a dream and had never committed any act of deviance.
Also, the offense in this case was committed impulsively out of extreme anger, and the attorney emphasized that there was no concern of reoffending.
The specialized attorney requested leniency on the grounds that the client had not held any intent to rape the victim, was deeply reflecting on the conduct, and was making efforts to prevent recurrence, including receiving psychiatric treatment.
4. Trial Outcome in the Attempted Rape Case
With the assistance of a specialist attorney, the client was able to avoid an actual custodial sentence and receive a suspended sentence even on the charges of attempted rape, confinement, and destruction of property.
The client expressed gratitude for the help that allowed the client to continue pursuing the client's dream.
When a person faces multiple charges, as the client in this case did, it is not easy to avoid an actual custodial sentence.
Therefore, it is important to seek the assistance of a specialist attorney and prepare a tailored response strategy.
This firm provides a one-stop response through its criminal law specialist attorneys, sex crime specialist attorneys, and evidence investigation center, working toward results favorable to clients.
If you are in a situation that requires legal assistance amid the risk of an actual custodial sentence, please proceed with a 🔗legal consultation reservation now.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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