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Legal Intellectual

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Q

I am curious about the punishment level and sentencing standards for indecent acts by force.

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Hello. I run a food ingredient supply business in Ulsan. The company's situation is so bad that I haven't been able to supply to a regular client for several months... They trust me and have been sending payments monthly... I feel so sorry I can't even bring up that I'll send them later. The other party seems likely to file a debt collection lawsuit — please tell me about the statute of limitations on claims.

indecent acts by force

A

Answer to Related Inquiry

I expect you must be very anxious as you face investigation by investigative agencies for indecent acts by force.

Indecent acts by force are punishable under Article 298 of the Criminal Act with imprisonment of up to 10 years or a fine of up to 15 million won.

However, the actual sentence is determined by comprehensively considering various factors such as the specific contents of the case, degree of damage, method of crime, and the perpetrator's attitude.

Looking at sentencing standards for general indecent acts by force, if there are mitigating reasons, the sentence is recommended to be around 1 year, and if the indecent act was planned or repeated, or if the victim suffered serious mental/physical damage, the sentence may be aggravated to 1 year and 6 months to 3 years.

Mitigating factors that can lower the sentence include cases of weak exercise of force, minor degree of indecent act, mental weakness, voluntary surrender, victim does not desire punishment, passive participation or participation in crime due to coercion/threat by others, sincere reflection, no criminal punishment record, and substantial damage recovery.

Conversely, please note that more severe sentences may be pronounced when the victim suffers severe damage, when the crime was planned and repeated, or when accompanied by familial relationships or housing intrusion, etc., as these act as aggravating factors.

If you become a suspect, it is important to provide circumstantial explanation to clarify there was no indecent intent, prepare materials showing deep reflection and willingness to prevent recidivism (plea letters, volunteer activities, counseling records, etc.), and reach amicable settlement with the victim if possible.

Since the attitude of statements and submission of materials from the police investigation stage directly affect future prosecutorial judgments and trial results, careful response is necessary.

An attorney can directly conduct consultation regarding this, so please contact our firm.

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