CONTENTS
- 1. Sex Crime Appeal | Case Details
- 2. Sex Crime Appeal | Assistance Provided by the Sex Crimes Attorney
- - Appellate Attorney Emphasizes the Unintentional and Momentary, Impulsive Nature of the Offense
- - Appellate Attorney Reaches an Amicable Settlement With the Victim
- - Appellate Attorney Submits an Opinion From a Psychological Counseling Center
- 3. Sex Crime Appeal | Case Result and Effect of the Appeal
- 4. Sex Crime Appeal | Concept and Elements of the Crime of Forcible Indecent Act
- - Points of Response for an Appeal in a Forcible Indecent Act Case
1. Sex Crime Appeal | Case Details
The client, who requested assistance with a sex crime appeal, after a drinking gathering with friends and while heavily intoxicated on the way home, impulsively touched part of the body of a woman passing by.
As a result, he was charged with a sex crime by the woman, and he reportedly responded by retaining an attorney from another law firm.
Despite facing the trial of first instance with the assistance of another law firm, the client was given a heavy sentence of two years’ suspended sentence and 80 hours of community service.
The client judged that the judgment had not sufficiently considered the motive and circumstances of the offense, the possibility of settlement with the victim, and the degree of remorse, and resolved to appeal on the ground that the sentence was excessive.
Thereafter, he entrusted the case to a sex crimes attorney at Daeryun LLC, seeking to obtain a more reasonable and substantive measure of leniency in the sex crime appellate trial.
2. Sex Crime Appeal | Assistance Provided by the Sex Crimes Attorney
The sex crimes attorneys at Daeryun LLC developed a strategic defense in the appellate trial centered on the client’s remorse, the likelihood of reoffending, and whether a settlement had been reached with the victim.
Appellate Attorney Emphasizes the Unintentional and Momentary, Impulsive Nature of the Offense
The attorney specifically explained that the client committed the offense out of a momentary bravado while his judgment was impaired by heavy intoxication.
The attorney persuasively conveyed to the court that it was not an intentional or premeditated offense and that he had deeply reflected on his conduct immediately afterward.
Appellate Attorney Reaches an Amicable Settlement With the Victim
The sex crimes attorney directly contacted the victim’s representative and conveyed the client’s sincere apology and willingness to make amends.
Thereafter, along with delivering the settlement money, the attorney submitted a statement of no desire for punishment and obtained the victim’s forgiveness.
Appellate Attorney Submits an Opinion From a Psychological Counseling Center
At the suggestion of the sex crimes attorney, the client completed a sex crime recidivism prevention counseling program.
In addition, through an opinion from a psychological counseling center affiliated with the firm, it was proven that the likelihood of reoffending was markedly low and the likelihood of social recovery was high.
3. Sex Crime Appeal | Case Result and Effect of the Appeal
As a result of the appellate trial, the court reversed the original judgment, reduced the sentence to a fine, and rendered a judgment canceling the community service order.
This was the result of comprehensively recognizing the client’s remorse, the amicable settlement with the victim, and the fact that the likelihood of reoffending was extremely low.
The central purpose of a sex crime appeal is to correct an unjust sentence in the original judgment or an error in the assessment of evidence.
Through an appeal, the court can reconsider the judgment in light of new evidence or circumstances, and substantive relief is possible, such as reducing the sentence or converting the punishment to a fine.
4. Sex Crime Appeal | Concept and Elements of the Crime of Forcible Indecent Act
The crime of forcible indecent act is provided under the Criminal Act as follows: “A person who commits an indecent act against another through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.”
The elements of the offense are as follows.
① Existence of assault or intimidation: Whether physical contact was made against the victim’s will
② Degree of the indecent act: Whether the physical contact caused sexual shame or disgust under generally accepted social norms
③ Intent: Whether the actor had a sexual purpose
The court comprehensively considers the circumstances of the act, the location, the relationship with the victim, and the state of the actor to determine the intent of the offense and its social harmfulness.
Points of Response for an Appeal in a Forcible Indecent Act Case
In the appellate trial of a sex crime case, a strategy based on an unjust sentence is more important than a dispute over the facts.
The main points of response are as follows.
① Proof of voluntary remorse and efforts to prevent reoffending: It is necessary to secure evidence of substantive remorse, such as counseling centers, psychological treatment, and community service.
② Securing a settlement with the victim and a statement of no desire for punishment: The victim’s intent to forgive directly affects the reduction of the sentence.
③ Organizing the grounds for arguing an unjust sentence: One must persuade the court that the punishment is excessive by considering factors such as whether it is a first offense, occupational disadvantages, and circumstances of supporting a family.
When these processes are carried out faithfully, one can expect a result of reduction in the appellate trial to a suspended sentence or to a lower level of punishment from an actual custodial sentence.
This case is one in which, despite receiving a heavy sentence of a suspended sentence and a community service order at the first instance, a reduction to a fine was obtained through a sex crimes attorney’s sex crime appeal.
This is a case showing that even where an excessive punishment was received due to the limits of the initial defense, a fair judgment and a reasonable result can be obtained once again through an appeal.
In a sex crime case, a single outcome can change the direction of one’s life.
However, when an accurate review of the legal principles is combined with a sex crime appeal strategy, even an unfavorable judgment can be sufficiently corrected again.
If you feel the punishment is excessive, making a 🔗Legal Consultation Reservation with our firm and creating a new opportunity through a sex crimes attorney’s sex crime appeal can be a wise choice.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
