Suspended Sentence Achieved in Quasi-Rape and Illegal Filming Case Involving Intoxication

Taeshin Law Firm helped a first-time offender avoid immediate detention and receive a suspended sentence in a serious sex crime case involving quasi-rape and illegal filming.

Background / Issue

The client had been drinking with his girlfriend and later returned with her to his residence. After the complainant fell asleep while intoxicated, the client was accused of engaging in sexual intercourse with her and filming part of the incident with his mobile phone. The complainant reported the case to the police. At the early stage, the investigation relied heavily on the complainant's statement because the client had been heavily intoxicated and had no clear memory of the incident. Because the client could not remember the incident clearly, he initially denied the allegations, including the illegal filming allegation. The police requested voluntary submission of the client's mobile phone, and a search and seizure warrant was executed for electronic devices at his residence, including his laptop computer. Taeshin Law Firm's criminal defense attorneys attended the police investigation and search procedure with the client and assisted him throughout the investigation.

Our Legal Approach

The prosecution ultimately indicted the client on all charges and referred the case to trial. After obtaining and carefully reviewing the prosecution's evidence records, Taeshin Law Firm discussed the case with the client in detail. Based on the complainant's statements and other evidence, the defense strategy was adjusted from outright denial to a realistic approach focused on acknowledgment, remorse, settlement, and sentencing mitigation. Taeshin Law Firm contacted the complainant's court-appointed attorney and proceeded with criminal settlement discussions. During the trial, the defense acknowledged the facts charged and submitted mitigating circumstances, including the client's sincere remorse, no prior criminal record, first-time offender status, the complainant's expression of non-punishment after settlement, supportive petitions from people close to the client, the client's family circumstances, and the risk that detention would create serious hardship for the client's family.

Result / Outcome

The court sentenced the client to 2 years of imprisonment, suspended for 3 years. The client avoided immediate imprisonment despite the seriousness of the charges. In serious sex crime cases, insisting on innocence without carefully reviewing the objective evidence can create significant risk. In this case, Taeshin Law Firm reviewed the evidence, discussed a realistic defense direction with the client, pursued settlement, and presented strong mitigating factors to the court.