1. Overview

The client was accused for having sexual intercourse on two occasions with a drunken and incapable woman.

2. Applicable Law

Criminal Act

Article 297 (Rape)

A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment for a limited term of at least three years.

3. Assistance of Counsel

Attorney Kim, Kyu-baek in Cheonan branch explained the favorable and unfavorable circumstances of the client and had an in-depth conversation about the case. In the process, attorney found out; 1. the victim knew that the client pretended to be asleep 2. he did not assault or threaten the victim 3. for undesired sexual intercourse, the situation was sufficient for the victim to ask help from her friend who stayed next room 4. the victim has accused the client to claim money. Based on the findings above, the attorney submitted evidence to prove this as objectively as possible.

4. Outcome

As a result, based on the objective materials submitted by the lawyer and the statement of the witness who was at the client's house, the police officer decided not to transfer the case to the prosecutor's office.

5. Significance of the Outcome

The statutory penalty for rape case is punishable by up to three years imprisonment. Since there is no fine penalty, it is an unavoidable crime if the charge is acknowledged at the investigation stage and convicted at the trial stage.

At the beginning of the investigation, the client visited the Law-Win Cheonan office and asked for help while revealing his injustice in detail. It's also the reason attorney kept leaning until he got it.

In particular, it is analyzed that, as a result of persistent persuasion of the investigator along with circumstantial evidence from the beginning, a decision not to transfer the case to the prosecutor's office was able to be made as there is no objective evidence other than the testimony of the suspect and victim in sexual crime.

It was a matter of reminding once again that it is very important to respond to sexual crimes with the help of a lawyer from the initial stage of the investigation.