Can indecent assault punishment be reduced through settlement?

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Hello, corporate specialist attorney. I'm a business owner who has been running a small to medium-sized company. I now have a good opportunity to acquire a company. Before the legal due diligence, are there any matters I should prepare or be ready for in advance? This is my first time acquiring a company, so I don't have anywhere appropriate to ask. I'd appreciate it if you could let me know.

indecent assault punishment

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作者: 고병준

Hello. This is the sex crime specialist attorney at Daeryun Law Firm.

To get straight to the point, you cannot avoid indecent assault punishment just because you have settled.

Indecent assault is not a crime that requires the victim's consent for prosecution, so even if the victim does not want punishment, the investigation and trial can continue.

According to Article 298 of the Criminal Act, indecent assault can be punished by up to 10 years of imprisonment or a fine of up to 15 million won, and in addition to criminal punishment, security measures such as personal information registration may follow.

However, in actual indecent assault punishment, the circumstances of the case, the degree of the assault, intent, prior convictions, and attitude of remorse are comprehensively considered.

At this time, settlement with the victim acts as an important mitigating factor.

There are cases where the sentence is reduced when the victim clearly expresses their wish for non-punishment.

However, settlement is not sufficient just by paying money, and a sincere apology, willingness to prevent recidivism, and admission of responsibility for the circumstances of the case are also judged.

In addition, in indecent assault punishment cases, the timing of settlement is also important.

The earlier the settlement is reached during the investigation stage, the higher the possibility of being positively reflected in sentencing.

In conclusion, while settlement in indecent assault punishment can have a substantial impact on reducing the sentence, it does not automatically erase the punishment.

Since the strategy may vary depending on the specific circumstances of the case, it is desirable to carefully review the direction and procedures of settlement before responding.

Sex crime specialist attorneys systematically support the entire process such as condition coordination, settlement agreement drafting, and securing wishes for non-punishment in the settlement process with the victim, and can strategically respond so that the settlement is reflected as a substantial mitigating reason at the investigation agency and trial stages.

If you are charged, please respond wisely with the assistance of a sex crime specialist attorney.