[Daejeon Attorney Consultation Successful Defense] Through a Daejeon Attorney Consultation, the Judgment Below Was Reversed and a Suspended Sentence Was Pronounced

The client who looked into the Daejeon attorney consultation was an ordinary office worker.

The client then had a company dinner with coworkers, and the dinner moved from the first venue to a second venue.

After the second venue, the victim became so intoxicated that she could not hold herself up, and the client tried to send the victim home on her behalf.

The victim could not find her own home, and they had no choice but to move together to the client's lodging.

The client attempted sexual relations with the victim, who was sleeping, and did not proceed further after the victim refused.

After the incident, the client was accused of quasi-imitative rape and came to Daeryun Law Firm.

The following briefly examines the “imitative rape” statutes through the Daejeon attorney consultation.

■ Punishment for the Crime of Imitative Rape

○ Criminal Act Article 297-2 (Imitative Rape)

A person who, through violence or intimidation, inserts a sexual organ into the inside of a person's body other than the sexual organ, such as the mouth or anus, or inserts a part of the body other than the sexual organ, such as a finger, or an instrument into the sexual organ or anus, shall be punished by imprisonment for a definite term of not less than 2 years.

○ Act on the Protection of Children and Youth Article 7 (Among Rape, Indecent Act by Compulsion, etc. Against Children and Youth)

(1) A person who commits any of the following acts against a child or youth through violence or intimidation shall be punished by imprisonment for a definite term of not less than 5 years.

Check 1. The act of inserting a sexual organ into the inside of the body (excluding the sexual organ), such as the mouth or anus

Check 2. The act of inserting a part of the body (excluding the sexual organ), such as a finger, or an instrument into the sexual organ or anus

The client recognized that the conduct toward the victim was wrong and repeatedly stated that the client was deeply remorseful.

The client had no similar or same-kind prior offenses whatsoever.

In addition, the client consistently maintained that the client had not intentionally committed quasi-imitative rape at the time of the conduct.

Although it is difficult to fully understand all of the emotional distress and pressure that weighed on the victim, the client repented of the responsibility and wrongdoing and worked to pay a settlement amount.

The court accepted the opinion of Daeryun Law Firm and pronounced a suspended sentence for the client.

Daeryun appealed the heavy sentence of imprisonment and concluded the matter with a suspended sentence. This result was achieved because the experienced attorneys at Daeryun conducted close consultations with the client regarding the quasi-imitative rape in order to seek mitigation, and also assisted with the overall procedure of the litigation.

With the assistance of the Daeryun attorney, the client was able to escape the risk of an actual custodial sentence and receive a suspended sentence.

If you, like the client above, need mitigation or a suspended sentence, a consultation with Daeryun Law Firm can help you resolve the issue.