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A man who believed in a situational rape drama and raped a woman in the birth area and was found not guilty at the first trial was found guilty at the appeal trial and arrested in court.
Daejeon High Court, sentenced to 5 years in prison after violating centrifugal sentence for ‘not guilty’
“Acknowledge that it is real rape, not situational drama”
Illustration of sexual assault. Yunhap news. Central photo
Daejeon High Court First Criminal Division (Director Jun-myeong Lee) abolished the lower court of appeal against Mr. A (39), charged with trespassing and rape under the Special Cases Act on the punishment of crimes of sexual violence, and applied the crime of rape. He was sentenced to five years in prison. The court also ordered the termination of an 80-hour sexual assault treatment program and employment restrictions in institutions related to children and adolescents for 10 years.
The court found that the defendant was aware of the fact that the defendant was not a rape situation drama, but was actually rape. In the process of negotiating an extremely unusual rape situation, she said it was unusual that she did not say at all how to start and end, and whether to use contraceptive devices.
The judge said: “It is difficult to say that the victim waived her anonymity to the extent that she provided personal information such as address and enacted this situational drama. Is hard to understand.”
“The defendant acknowledged the fact that it was rape, but he committed adultery on impulse,” he said. “I can’t take the word that he was misled by the word situational drama.”
View of Daejeon District Law and Daejeon High School. Central photo
On the other hand, Mr. B (29), who was sentenced to 13 years in prison in the first trial for inducing the sexual assault of A, was commuted to 9 years in prison at the appeal trial. In the first trial, a violation was applied for intrusion into the dwelling, but in the second only attempted crime was admitted.
Aside from the rape induction case, Mr. B was also charged with sending obscene messages 20 times after obtaining the phone number of another woman in a car parked near his home (e.g. obscene use of media) . The point was reflected in the sentence.
In August of last year, Mr. B randomly changed his chat app’s profile to a ’35-year-old woman’ and posted a post that read, “I want to be raped, but I’m looking for a man to meet and play A situation”.
When Mr. A showed interest in this article, he gave him the address of a studio near his home and tricked him as if he lived there, and Mr. A was forced to enter the studio that Mr. B gave him and he raped the woman inside. It was investigated that Mr. B went to the studio immediately after Mr. A broke into the victim’s home and robbed some of the crime scenes.
Daejeon District Prosecutor’s Office. Central photo
As a result of the investigation, the two men and the three victims did not know each other at all. During the trial process, Mr. B said: “I tried to cause trouble (for Mr. A), but I did not expect this to lead to an actual case of sexual assault.”
On June 4, Daejeon District Law convicted Mr. A, who was charged with rape and other home invasions. At the time, the judge said: “According to the evidence, Mr. A knew that his act was rape, or that it was tolerated even if he knew it.” There are not sufficient grounds to judge guilty. ”
Daejeon = Reporter Kim Bang-hyun [email protected]
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