Busan sex crime lawyer pleads for forced molestation suspect: “No charges”

Recently, the Ulsan District Prosecutors' Office ordered a non-indictment (no charges) against Mr. A, who was transferred to the Ulsan District Prosecutors' Office on charges of forcibly molesting the victim against her will.

According to the legal community, Mr. A was accused of forcibly molesting the victim against her will, including forcibly touching her body parts after having a drink with Mr. B, who worked as a bar employee, and it became a hot topic as the claims between Mr. A and the victim became conflicting.

Busan criminal lawyer from Daeryun Law Firm's Sex Crimes Team, who was the suspect's lawyer at the time, said, "This was a case in which there was no evidence such as CCTV other than the victim's statement. During the police investigation, we focused on the fact that the suspect's statement was consistent, while the victim's statement was inconsistent." He added, "The witness' statement was consistent with the suspect's statement, and the fact that the victim and the suspect maintained a close relationship by exchanging text messages after the incident, and the other party's words and actions that did not appear to be the victim's actions. “We pointed out the contradictions in the statement and obtained a non-indictment,” he said.

He continued, "Due to the nature of sexual crimes, there are many cases where charges have to be contested based solely on the statements of the person involved without objective evidence like in this case. If you are not properly aware of the requirements for the crime of forcible molestation, you may be put in a disadvantageous position." He continued, "Even if there is no physical contact with a sex crime, in some cases, charges such as forcible molestation, molestation in a public place under the Sexual Assault Act, and molestation of minors under the Sexual Harassment Act may be applied. If a person is found guilty, they will be stigmatized as a criminal and their personal information will be registered. He added, “If you are wrongfully implicated in a case, you will also be sentenced to security measures for sex crimes, including employment restrictions.”

Regarding settlement, he emphasized, "When suspected of forcible molestation, there are many cases in which they hastily attempt to reach an agreement with the victim out of fear of punishment or concern that the matter will become known. Caution is needed because offering a settlement to the victim in a situation where the allegation is not clear may itself mean admitting the allegation. If the allegation is different from the facts, you must respond carefully to avoid being associated with unnecessary disadvantages."

Meanwhile, Busan criminal lawyers from Daeryun Law Firm's sex crimes team provide legal services on criminal cases such as sex crimes, violent crimes, traffic crimes, and economic crimes at law offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju.

View original article - https://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=101&oid=016&aid=0001688813