
Legal Q&A
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Hello. I would like to ask about the level of punishment for attempted rape. It was something I committed impulsively while intoxicated. The victim filed a report, and I was told that it constitutes attempted rape. If I reach a settlement with the victim, can the sentence be reduced somewhat? I would like to reduce the sentence as much as possible. Please tell me all the ways in which the sentence can be reduced.
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Answer
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Author : Byung Joon KOH
Hello. This is a response regarding the level of punishment for attempted rape.
Rape is an act of sexual intercourse committed against the other party's will through violence or intimidation, and attempted rape refers to a case in which this crime is initiated but not completed.
Attempted rape, like a completed offense, may be punished by imprisonment for a limited term of at least three years, and the sentence is not reduced merely because the crime was attempted.
This is because attempted rape is already at the stage of execution and is therefore regarded as a serious crime.
In the case of sex crimes, the victim's intention not to seek punishment is one of the most important factors considered in sentencing.
In particular, when the defendant is a first time offender or shows sincere remorse and a willingness to remedy the harm, the victim's request for leniency can significantly affect whether a custodial sentence is imposed.
In addition, when the suspect is a first time offender with no prior record and sincerely expresses remorse before the investigative authorities or the court and conveys an apology to the victim, the sentence may be reduced.
When the suspect has stable social relationships, such as family and employment, and the risk of reoffending is assessed as low, the court may take these circumstances into account in sentencing.
If the offense was not premeditated and a state of diminished mental capacity due to alcohol is recognized, there may be some room for a reduced sentence.
However, sex crimes have recently been subject to a trend of strict punishment, and to reduce a sentence, the strategic assistance of an attorney experienced in sex crime cases is very important.
Through professional responses, such as arranging an amicable settlement with the victim, preparing a letter of apology and a petition, and organizing the facts of the case, you are encouraged to mount a defense against punishment.

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Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

KyuSeok PARK
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Former Prosecutor [Medical·Economic] at the Seoul Southern District Prosecutors' Office · Attorney specializing in Criminal Law and School Violence
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