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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2020Do6965, 2020Jeondo74 Decided August 20, 2020 【Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape Through Abuse of Consanguineous or Marital Relationship); Quasi-Rape; Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act Through Abuse of Consanguineous or Marital Relationship); Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Aggravated Rape); Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Taking Photographs or Videos by Using Cameras); Monitoring Order】 [full Text]
Summary
[1] Method of determining admissibility of a testimony made by the victim of sexual assault, etc.
Whether credibility of a victim’s testimony can be promptly dismissed on the sole basis that the victim, who was the Defendant’s biological daughter and had a family relationship with the Defendant, fails to demonstrate the characteristics of a “typical victim” (negative)
Matters to be particularly taken into consideration when determining the credibility of a victim’s testimony that the said victim was sexually abused by a person in a consanguineous relationship
[2] Meaning of “objection to punishment,” a special mitigating factor in the sentencing guidelines promulgated by the Supreme Court Sentencing Commission
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