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People v. Kim

OPINION FILED SEPTEMBER 29, 1986.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JUNG OH KIM, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. Robert F. Nix, Judge, presiding.

JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT:

Following a jury trial, Jung Oh Kim was convicted of rape, armed robbery, aggravated battery and unlawful restraint. He was sentenced to concurrent terms of 11 years for rape and armed robbery, 5 years for aggravated battery and 3 years for unlawful restraint.

Defendant appeals, contending: (1) he was denied a fair trial because of repeated instances of prosecutorial misconduct; (2) the sentences of 11 years for rape and armed robbery were excessive; and (3) his conviction for unlawful restraint should be vacated as it violates the one-act, one-crime rule.

We affirm in part and vacate in part.

At about 3:45 p.m. on November 15, 1983, police officers responded to a call from 7201 North Lincoln in Lincolnwood. When they arrived at the scene they found the victim and Yun Chon, the daughter of the victim's employer. The victim had been tied up with telephone cord and raped, and $6,000 and various items of jewelry had been taken from the house.

The victim testified that she had come to the United States from Korea in 1982. She worked as a housekeeper for Mrs. Jeong Chon and was caring for Mrs. Chon's daughters while her employer was in Japan. The victim further testified that she knew the defendant, Jung Oh Kim, as he had visited the apartment many times with Mrs. Chon's son. On the day of the alleged rape, defendant gained entry to the apartment by telling the victim that he had brought over some money that he owed Mrs. Chon. She let him into the apartment and continued with her work. Defendant asked her where the rest of the family was and she told him that the children were at school and no one else was at home. She then noticed that he had removed his jacket and was wearing gloves.

The victim stated that the defendant then told her that he had a knife and that if she moved he would kill her. He proceeded to tie her wrists behind her back with a telephone cord, then removed her skirt and ripped off her underwear with a knife. He dragged her into one of the children's bedrooms, pushed her down on the bed, covered her face with a blanket and raped her with her hands still tied behind her back. He then demanded that she get all the money in the house. After searching several rooms in the apartment, defendant found some jewelry and about $6,000 that had been hidden in a passport. After again threatening to kill her if she identified him, defendant left the victim tied up on the living-room floor.

Yun Chon testified that she was the daughter of the victim's employer. She stated that on November 15, 1983, she arrived home from school around 3:30 p.m. and found the victim tied up. The victim told her that Jung Oh Kim "took everything." Yun Chon untied the victim, checked the apartment and called the police. When the police arrived, Yun Chon interpreted for the victim, who did not speak English. The victim asked her not to tell the police that she had been raped. The police found out later that she had been raped and took her to the Skokie Valley Hospital. Yun Chon also testified that about $6,000 and some jewelry were missing.

Teresa Sinkowski testified that she was a registered nurse and treated the victim in the Skokie Valley Hospital on November 15, 1983. She treated the victim for abrasions and noticed black and blue marks around her neck. She also received specimens from the doctor which had been taken from the victim and labeled them for the Vitullo kit.

Mohammed A. Tahir testified that he worked for the Department of Law Enforcement as a forensic scientist in the area of serology. According to Tahir, only 11% of the population secrete blood type B, the blood type of defendant. He testified that the specimens taken from complainant could have originated from defendant.

Eric Berg-Olsen testified that he was employed by the Lincolnwood police department. On November 15, 1983, he went to 7201 Lincoln Avenue in Lincolnwood and interviewed the victim with Yun Chon acting as interpreter. At the time, he was given defendant's name and description.

Defendant presented an alibi defense. He testified that he had known complainant since July of 1983 and that he had had a previous sexual relationship with her. He stated that on November 15, 1983, he did not leave his home. He testified that although he knew police were looking for him, he did not go to the police station until November 18 because he was trying to locate an interpreter.

Defendant's parents and his sister testified that he was at home watching Korean videos on television until 4 p.m. on the day that the rape and robbery occurred. His sister also testified that the police came to their house at 7 p.m. the following night looking for defendant. She told them he was not home when in fact he was home at the time the police were there.

At the conclusion of the trial, the jury found defendant guilty of rape, armed robbery, aggravated ...


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