Seoul Attorney Office Assistance | Custodial Sentence for Imitative Rape Causing Injury, Suspended Sentence on Appeal

The account of the client who sought assistance from the office is as follows.

The client decided to break up with his girlfriend after a serious argument over differences in personality.

The girlfriend, however, could not accept this and came to the client's home in order to resolve the matter through conversation.

During the conversation, the client became angry because he did not like the girlfriend's attitude, began to assault her, and went further to commit an act of imitative rape.

As a result of the assault, the girlfriend sustained an injury requiring approximately three weeks of treatment, and the client was therefore sentenced to imprisonment at the first instance.

🔗Rape (Sexual Assault) The client sought assistance from the office in order to proceed with the appeal together with an attorney experienced in handling many such cases.

Imitative rape refers to the act of, by means of assault or intimidation, inserting one's sexual organ into a part of another person's body other than the genitals, such as the mouth or anus, or inserting a part of the body other than the sexual organ, such as a finger, or an object, into the genitals or anus.

The offense of imitative rape causing injury refers to an offense that is committed when a person performs such an act on a victim and inflicts injury or causes the victim to sustain injury.

The types of rape offenses are set out in the table below.

If the charge of imitative rape causing injury is established, a person may be punished under the following provision.

A person who habitually commits the offenses of rape, imitative rape, quasi-rape, rape causing injury, or sexual intercourse with a minor is subject to aggravated punishment of up to one half of the penalty prescribed for the relevant offense.

If you are involved in an offense of imitative rape causing injury, consulting an attorney at an early stage of the case and responding promptly and thoroughly can be helpful.

The client carries a deep sense of guilt for his wrongdoing and lives each day in repentance.

He has resolved to control his emotions, restrain his conduct, and live a life that respects others.

We emphasized that, while in prison, he reflected on his wrongdoing and wrote a handwritten letter of apology expressing his remorse.

To restore the victim's losses, the client deposited a substantial sum with an official depository and paid additional settlement money to the victim, and a settlement was amicably reached.

The client promised not to approach or contact the victim and conveyed his sincere apology.

We emphasized that the victim, having accepted this, does not wish for the client to be punished.

The client did not plan the offense in advance or carry it out deliberately at all.

We emphasized that, during an argument with the victim, the client was unable to control his emotions and committed the offense impulsively.

The case above was one in which a client who had received an actual custodial sentence at the first instance on a charge of imitative rape causing injury obtained a reduction of sentence on appeal.

The offense of imitative rape causing injury is a serious crime both legally and socially, and the level of punishment is very high, so responding systematically from the early stages of the case is important.

At Daeryun, 🔗sexual offense attorneys with extensive experience in handling sexual offense cases collaborate with professionals across multiple fields to develop strategies and actively protect the rights of their clients.

If you need the assistance of an attorney in a situation similar to the case above, it is recommended that you find a solution through a 🔗legal consultation booking.