Criminal · School Violence · Damages
Victim Representation — Attempted Quasi-rape at a Family Gathering; Prison Sentence
1. Case Overview
During a family gathering with relatives by marriage, the victim became intoxicated to the point of losing consciousness, and the defendant, seizing the opportunity, attempted quasi-rape, though the crime remained an attempt. Because the offense occurred within a very close family relationship, the victim suffered all the greater psychological pain, and endured a long period alone, unable to tell those around her. The defendant was found to have clearly recognized that the victim was in no condition to express her will at the time, and he was ultimately sentenced to one year and six months in prison, ordered to complete a sexual violence treatment program, and made subject to public disclosure and notification of his personal information.
2. DAEON's Strategy
At first the victim hesitated to file a complaint because the matter was within the family, but she came to us determined that the harm must never be repeated. I prepared the complaint through a close analysis of the circumstances at the time, the victim's psychological state, and the perpetrator's pattern of behavior, and fully conveyed to the court the particular nature of crimes within a family, which are structurally difficult to speak about, and the victim's isolation. As a result, the court took a grave view of the defendant's conduct and imposed a prison sentence, a meaningful verdict from the victim's perspective. In cases like this, a strategic response to protect the victim's rights is essential, and only a response conducted under legal control, rather than an emotional settlement, leads to genuine recovery.
3. Result - 1 Yr 6 Mo Prison / KRW 25M Settlement
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Shin Dong-woo
Kwak Dong-jun
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