Pretending to be a cafe employee, the offender invited the complainant to a job interview where he tried to rape her and inflicted minor bodily injuries on her. For reasons beyond the criminal's control, his plan failed (the woman was able to escape and leave the scene of the crime). The court of first instance sentenced the man to six years in prison for attempted rape as a repeat offense, which is an aggravating circumstance.
Articles 97-98 and 340-341 relate to who may benefit from more lenient sentences for “honour crimes,” such as a person who has witnessed his or her spouse committing adultery. However, Article 345 now excludes honor crimes where the victim is under 15 from qualifying as a mitigating circumstance as enumerated in Articles 97 and 98. Further, Article 308, which allowed a rapist to avoid punishment if they married their victim, was removed in the same 2017 amendment.
The appellant in this case had been arrested and punished with a fine for allegedly paying for child prostitution in violation of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (before its revision by Act No. 79 of 2014).
