Crimes of Sexual Assault

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Promulgated on April 24, 2009, Effective on July 1, 2009, Amended on June 29, 2010, Effective on July 15, 2010, Amended on March 21, 2011, Effective on April 15, 2011, Amended on January 30, 2012, Effective on March 16, 2012, Amended on April 22, 2013, Effective on June 19, 2013

성범죄의 집행유예 기준
Classification Adverse Affirmative
Primary Consideration Factor Risk of Recidivism, etc.
  • Premeditated Crime
  • Sadistic, Perverse Conduct or with Extreme Level of Sexual Humiliation
  • Offense Committed in a Specially Protected Area (Applies for Sexual Offense Against Victim Under Thirteen Years of Age)
  • Criminal History of the Same Offense (for Suspension of Sentence or Imposing of Sentence More Severe Within Ten Years)
  • Repeated Crimes
  • Vulnerable Victims
  • Use of Dangerous Objects
  • Gang-rape
  • Cases where the Extent of Violence is Extremely Slight in Indecent Acts by Compulsion (Against Victim Thirteen Years of Age of Older, Excluding Offenses Committed Against Disabled Persons)
  • Offender Attempted to Thwart the Accomplice's Commission of the Crime
  • Cases where the Extent of the Indecent Acts is Slight
Other Factors
  • Offense as Prescribed in Sexual Crime Act, Article 5
  • Pregnancy
  • Serious Bodily Injuries
  • Bodily Injuries Resulting from a Base Offense of Attempt
  • Offender Expresses Remorse and Victim Opposes Punishment
General Consideration Factor Risk of Recidivism, etc.
  • Two or More Criminal Record on Suspension of Sentence or Greater Offense
  • Lack of Social Ties
  • Offense Committed by Causing Diminished Physical or Mental Capacity to the Victim
  • Drug or Alcohol Addiction
  • Absence of Remorse
  • No Criminal History of Same Offense and No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Strongly-Established Social Ties
  • Non-premeditated Crime
  • Voluntary Surrender to Investigative Agencies
  • Expresses Sincere Remorse
  • Offense by Deceptive Schemes or Use of Authority, Excluding Use of Force or Threats (Against Victim Thirteen Years of Age or Older)
  • Cases of Old-age Offenders
Other Factors
  • Active Participation as an Accomplice
  • Destroying Evidence or Attempting to Conceal Evidence After Commission of the Offense
  • Passive Participation as an Accomplice
  • Significant Amount of Money Deposited
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • In cases where the consideration factors for suspension of sentence of sentencing and the sentencing factors are identical, refer to the definitions set forth in the Definition of Sentencing Factors.
  • Determining Criminal History
    • Prior criminal history is calculated as follows: In cases involving suspension of sentence, calculate from the date the defendant’s suspension of sentence was affirmed up to the date of the commission of the offense. In cases imposing imprisonment, calculate from the final date of the completion of the sentence up to the date of the commission of the offense.
  • Repeated Crimes
    • This means cases where the judge determines that the offender has committed similar offenses repeatedly by comprehensively taking into account the substance of the offense, criminal history, multi-count convictions, and the like.
    • However, this is not applicable to cases where multiple conducts of sexual intercourse constitute as a single offense.
  • Non-premeditated Crimes
    • This means cases where the offender did not make prior plans to induce the victim through means such as causing diminished physical or mental capacity of the victim. In addition, it is applicable to cases where the offense was a result of contacting the victim for purposes other than that of the intent to commit the offense.
  • For cases where the imposing penalty is imprisonment, in deciding whether the suspension of sentence is appropriate, the primary consideration factor should be taken into account with greater importance than the general consideration factors. This is further specified as follows:
    1. ① In cases where only two or more primary affirmative factors exist or when primary affirmative factors outnumber the major adverse factor by two or more, suspension of sentence is recommended.
    2. ② In cases where two or more primary adverse factors exist or when primary adverse factors outnumber the primary affirmative factor by two or more, imprisonment is recommended.
    3. ③ In cases other than ①, ②, or even if cases of ①, ②, if the difference between the number of general adverse(affirmative) factors and general affirmative (adverse) factors is greater than that of adverse and affirmative factors of the primary consideration, then the judge shall decide whether to suspend the sentencing after assessing and comprehensively taking into account the factors listed under the suspension of sentence section.
    4. ④ Even for cases of ③, sentence is recommended for cases listed below:
    • Rape, Sexual Penetration by Compulsion against a victim under thirteen years of age, or Rape against a Disabled Victim (over thirteen years of age)
    • Rape after the Robbery, Indecent Acts by Compulsion After Special Robbery
    • Continued and Repeated Acts against Victims of Three or More
    • Criminal History for Suspension of Sentence or Imposing Sentence More Severe within Three Years Concerning the Same Offense

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