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6. Mistake
a. Fact
If a person attempts to commit an act whichis a crime under
. code, but he is unable to complete the act because of a fact of which he
was ignorant, such conduct is not punishable as a "severe crimes! (Art 15,
(1)). For example, if X tries to shoot Y, but is unable to do so because his
mun was not loaded, a fact of which X was ignorant, 4 criminal prosecution
for a severe crime will not lie.
The Code further provides that where the punishment for a crime is in-

creased when certain results ensue from the cammission of the act, the greater

punishment will not apply if the occurrence of such results was not forsee-

able. (Art 15 (2)).
b. Law
If the defendant, based on reasonable grounds, was ignorant
of the fact that his conduct constituted a crime under existing law, he is im-
mune from criminal punishment for such conduct. (Art 1 o
7. Consent
Unless a statute specifically provi des otherwise, an individual]
who performs an act against the legal right of another with the victim's con-
sent is not guilty of a crime. (Art 24). A typical exception to this rule
would be the statutory rape provision of the Criminal Code (Art 305) making
criminal sexual intercourse with, or indecent acts upon, a minor female under
the age of thirteen years.
7the term "severe crime," is not defined specifically in the Code, but
the authors were advised by a Korean attorney that "severe crime" in Korea has
virtually the same meaning as "felony" in the United States. A severe crime
is punishable by a penalty which exceeds a one-year term of imprisonment, and
it must be tried by a three-judge court. By way of contrast, a "minor crime"

is triable by a one-man court, and is punishable by a penalty of less than a
one-year term of imprisonment.

8see VI A 2a, infra. SECRET
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