CONTENTS
- 1. The Client Who Requested a Defense Against Punishment for Sexual Molestation
- - How the Client Became Involved in the Sexual Molestation Case
- 2. Strategy for Defense Against Punishment for Sexual Molestation
- - Assessment of the Client's Conduct
- - Whether the Standard for Judging an Indecent Act Applies
- - Review of Whether an Indecent Act by Compulsion Was Established
- 3. The Result of the Sexual Molestation Punishment Case: ‘Non-Referral’
- - The Standard for Punishment of Sexual Molestation
- - Sentencing Factors
- - FAQ From a Sex Crime Attorney
- 4. Do You Need to Respond to Sexual Molestation Penalties?
1. The Client Who Requested a Defense Against Punishment for Sexual Molestation
The client, who requested a defense against punishment for sexual molestation, was at risk of being punished for sexual molestation and losing his job if matters went poorly, but with the assistance of an attorney specializing in sex crimes, this was a case concluded with a non-referral decision.
How the Client Became Involved in the Sexual Molestation Case
On the day of the incident, the client moved to a second venue in a heavily intoxicated state after a company dinner.
However, the owner of the restaurant to which the group had moved as the second venue reported the client, claiming that the client had sexually molested his own mother.
Upon learning of the report, the client immediately went to see the owner's mother, explained that there had been no contact other than placing a hand on her shoulder, and conveyed an apology.
However, the restaurant owner threatened the client, saying that he could proceed with the report, and ultimately filed a complaint against the client for sexual molestation.
Because the client was employed at a public enterprise, there was a risk of dismissal if even a fine of 1 million won or more were imposed.
Facing punishment for sexual molestation, the client therefore requested the assistance of an attorney specializing in sex crimes.
2. Strategy for Defense Against Punishment for Sexual Molestation
In order for the client, who faced punishment for sexual molestation, to receive a non-referral decision, the following strategy was structured and the assistance was carried out.
Assessment of the Client's Conduct
The client's act of placing a hand on the shoulder of the owner's mother was no more than an unconscious, momentary movement that occurred in the course of conversation.
To establish this, the attorney specializing in sex crimes interviewed the colleagues who had been at the scene and recorded the circumstances at the time of the incident in specific detail.
In addition, the attorney defended the client's position, emphasizing that such contact was not an act capable of causing sexual humiliation.
Whether the Standard for Judging an Indecent Act Applies
The Supreme Court (Supreme Court Decision 2016Do21231, rendered on October 31, 2017, among others) has held that, in judging whether an "indecent act" exists, the following matters, among others, must be comprehensively considered.
· The circumstances leading to the act and the specific conduct
· The objective circumstances around it and the prevailing sexual moral standards of the time
Considering comprehensively the age of the client and the owner's mother, the conduct, and the objective circumstances in this case, the attorney specializing in sex crimes emphasized to the court that it was difficult to find that the client had the intent to commit an indecent act and that the client's conduct did not constitute an indecent act by compulsion.
Review of Whether an Indecent Act by Compulsion Was Established
The Supreme Court has held that an indecent act by compulsion is not merely an act that causes sexual displeasure, but is established only where it infringes upon the other person's right to sexual self-determination.
Supreme Court Decision 2011Do8805, rendered on July 26, 2012, among others
In this case, however, the client's conduct amounted to no more than briefly holding the shoulder of the owner's mother, which is difficult to regard as a sexual body part under generally accepted social norms and cannot be definitively characterized as a particular body part.
Accordingly, the attorney specializing in sex crimes emphasized that it was difficult to find that the client's conduct had infringed upon the other person's right to sexual self-determination.
3. The Result of the Sexual Molestation Punishment Case: ‘Non-Referral’
The police comprehensively considered the following circumstances and ultimately issued a non-referral decision.
▷ The point that, based on the statements of nearby colleagues and other evidence, it was difficult to establish the client's intent or the indecent nature of the act
As a result, the client was able to maintain his professional life and to conclude the matter without injustice.
The Standard for Punishment of Sexual Molestation
If you are facing punishment for sexual molestation, the crime of indecent act by compulsion under the Criminal Act applies.
An indecent act by compulsion refers to any physical or mental act that, against the other person's will, applies assault or intimidation and thereby infringes upon sexual freedom.
Level of Punishment
| Criminal Act Article 298 (Indecent Act by Compulsion) | Imprisonment for not more than 10 years or a fine not exceeding 15 million won |
Sentencing Factors
As with the client above, if a person is employed at a public enterprise or is preparing for such employment, a confirmed fine of 1 million won or more may result not only in workplace disadvantages but also in grounds for disqualification from public appointment.
Accordingly, it is important to secure sufficient sentencing factors suited to the circumstances and to prepare a systematic response strategy.
· Where the degree of the indecent act is slight
· Mental and physical weakness (without the person's own fault)
· Voluntary surrender
· The victim's wish not to have the offender punished
· Passive participation
· Participation in the offense under another person's coercion or threat
· Sincere reflection and remorse
· No prior criminal punishment
· Substantial recovery of the harm
FAQ From a Sex Crime Attorney
A. Even mere physical contact may be recognized as an indecent act by compulsion if it rises to a degree that causes the other person sexual shame and infringes on their right to sexual self-determination.FAQ on Sexual Molestation Penalties #1
Q. Can mere physical contact be recognized as an indecent act by compulsion?
However, in cases of momentary or unconscious contact, or contact that is difficult to regard as a sexual act under generally accepted social norms, it is more likely that the conduct will not be found to constitute an indecent act by compulsion.
A. If the victim clearly states that they do not wish to see the offender punished, this may have some influence on the progress of the case and the severity of any punishment.FAQ on Sexual Molestation Penalties #2
Q. Does it affect the case if the victim does not wish to see the offender punished?
For example, if a settlement is reached or the victim's intent not to seek punishment is confirmed, the likelihood of a non-referral or suspension of indictment at the police and prosecution stages may increase, but this does not necessarily mean that punishment will be exempted.
4. Do You Need to Respond to Sexual Molestation Penalties?
In the crime of an indecent act by compulsion, factors beyond the mere question of physical contact, such as the intentionality of the conduct, the circumstances under which the incident occurred, and efforts to repair the harm, affect sentencing and punishment, so it is important to respond promptly.
In addition, a sex crime case can lead not only to criminal punishment but also to social stigma and disadvantages in employment, academics, and other areas, so a prompt and systematic legal response is important.
Daeryun Law Firm organizes the direction of the client's statement at the police investigation stage, secures evidence, and establishes a strategy for responding to the investigation, thereby responding from the early stage of the case.
The firm also reviews the possibility of a settlement with the victim, and where a settlement is difficult, it proceeds with legal procedures such as a criminal deposit and implements a strategy to defend against punishment during the trial process.
If you are facing difficulties due to sexual molestation penalties in a situation such as the above, please feel free to request assistance through Daeryun Law Firm's 🔗legal consultation booking at any time.
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