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Q
If a charge of rape causing injury is applied, is a custodial sentence unconditional?
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I have heard a lot that rape causing injury carries a heavy sentence, so I am very worried that it may be difficult to avoid a custodial sentence. I acknowledge that the other party was injured at the time of the incident, but I did not inflict the injury intentionally, and I think part of the situation has been exaggerated. I would like to know whether, if a charge of rape causing injury is applied, a custodial sentence is really imposed unconditionally, and whether there is no possibility at all of a suspended sentence or a reduction of sentence.
Rape causing injury
Crime of rape causing injury
Answer to Related Inquiry
Author: 고병준
Hello. This is an attorney specializing in sex crimes at Daeryun Law LLC.
The application of a charge of rape causing injury does not necessarily mean that a custodial sentence will be imposed.
However, it is clear that rape causing injury is a crime that the court judges strictly, as its level of punishment is higher than that of ordinary rape.
Under Article 301 of the Criminal Act, it is provided that when a person injures another or causes injury in the course of rape or imitative rape, they shall be punished by imprisonment for life or for at least 5 years.
However, in the actual trial, the sentence is determined by comprehensively examining factors such as the degree of the injury and the circumstances of its occurrence, the intent regarding the injury, and the attitude after the incident.
In rape causing injury, the key issues are whether the injury is at a serious level and whether it was anticipated or intended.
If it is a minor injury that occurred accidentally in the course of the crime, there is room for it to be taken into account in sentencing.
If the treatment period according to the medical records was short or the damage was only temporary, you can contest the matter on that basis.
In addition, whether a settlement is reached with the victim is also important.
Although rape causing injury is not a crime that cannot be punished against the victim's will, the victim's intention of not desiring punishment and the content of the settlement are, in quite a few cases, considered as factors for a reduction of sentence in the actual judgment.
In addition, factors such as whether it is a first offense, the attitude of reflection, and the possibility of reoffending are also assessed together.
By utilizing these sentencing factors, there are also cases in practice in which a suspended sentence was imposed depending on the circumstances, even where the charge was recognized.
However, this is an outcome that can be possible only when the nature of the injury and the circumstances of the case are clearly organized from the early stage of the investigation and unfavorable statements are avoided.
If you are facing an investigation on a charge of rape causing injury, we recommend that you first review a response strategy suited to the case together with an attorney specializing in sex crimes.
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YoungHeum KIM
T. 070-5221-2387
Experience as a prosecutor at the Busan High Prosecutors' Office and chief prosecutor at the Seoul Western District Prosecutors' Office

SangSu JO
T. 070-5117-3709
Experience as Chief Prosecutor of the 5th Criminal Division of the Seoul Central District Prosecutors' Office and Deputy Chief Prosecutor of the Suncheon Branch of the Gwangju Prosecutors' Office
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Client Accused of Rape Causing Injury, Non-Referral Decision Through the Sex Crimes Attorney's Assistance

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A Client Involved in a Sexual Offense on a Rape Charge, Non-Prosecution

- Non-referral (police)
A rape client receives a no-referral decision with the assistance of a Gwangju sex crime lawyer

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