CONTENTS
- 1. Indecent Act by Compulsion Attorney | The Circumstances of the Client Indicted for an Indecent Act by Compulsion
- - Indecent Act by Compulsion, the Points Particularly at Issue
- - Defendants Involved in an Indecent Act by Compulsion, Frequently Asked Questions
- 2. Indecent Act by Compulsion Attorney | The Assistance Provided by the Indecent Act by Compulsion Specialist Attorney
- - The Result of the Indecent Act by Compulsion Attorney's Assistance, a “Suspended Sentence”
- 3. Indecent Act by Compulsion Attorney | How Can You Defend Against an Actual Prison Sentence in an Indecent Act by Compulsion Case?
- - Indecent Act by Compulsion Should Be Resolved With a Sexual Crime Specialist Attorney
1. Indecent Act by Compulsion Attorney | The Circumstances of the Client Indicted for an Indecent Act by Compulsion
The client who requested a consultation from the indecent act by compulsion attorney had been indicted on charges of an indecent act by compulsion.
Client Kang, who was the workplace superior of the victims, found the victims drinking with their coworkers at a company dinner and then continued to make inappropriate physical contact with them.
There were two victims, and one of them stated that she had been subjected to indecent acts over several days.
The victims accordingly filed a criminal complaint against the client, and the client underwent a police investigation on charges of an indecent act by compulsion. Facing an upcoming trial, the client retained an indecent act by compulsion attorney.
Indecent Act by Compulsion, the Points Particularly at Issue
In this case, the issues identified were that the conduct did not stop even though the victims pushed away with their hands and expressed their refusal, that contact of the same kind was repeated on the same day, and that there were two victims.
Moreover, the level of the indecent acts, which involved contact with intimate parts of the body, was by no means low.
As such, in an indecent act by compulsion case involving a superior-subordinate relationship within the workplace, not only the facts but also whether authority was exercised, the possibility of the victim resisting, and the repetitiveness may be strictly assessed, so there was concern that even an actual prison sentence might be imposed.
The client accordingly sought out an indecent act by compulsion attorney and requested legal assistance in order to respond promptly to these charges.
Defendants Involved in an Indecent Act by Compulsion, Frequently Asked Questions
Q. I want to reach a settlement with the victim of the indecent act by compulsion and I know the contact information. May I go and visit in person?
A. You must never contact or visit in person. Although your earnest wish to settle is fully understandable, from the victim's perspective the offender's direct contact or visit itself can be a source of fear and a secondary harm, so you must designate an attorney as your representative and formally convey your intention to settle to the investigative agency or the court.
A. The assertion that you do not remember because you were intoxicated is not a ground for innocence and may instead work against you. The court relies on evidence such as on-site CCTV and the statements of the victim and witnesses regardless of whether the defendant remembers, so even if you truly do not remember, the realistically safer approach is to review, together with an indecent act by compulsion attorney, the evidence secured by the investigative agency and, if the evidence is clear, to establish a sentencing strategy in the direction of admitting the offense and showing deep remorse.Q. I was in a blackout state and have no memory of even committing the indecent act by compulsion, so I would like to assert my innocence.
2. Indecent Act by Compulsion Attorney | The Assistance Provided by the Indecent Act by Compulsion Specialist Attorney
The indecent act by compulsion attorney, who has handled numerous indecent act by compulsion cases, first focused on defending against an actual prison sentence by emphasizing that the client was confessing to all of the charges and was deeply remorseful for his wrongdoing.
The sexual crime specialist attorney systematically developed the following strategy to defend against an actual prison sentence for the indecent act by compulsion.
1. Securing remedy of the harm and an expression of no desire for punishment
First, the attorney assisted the client in sincerely apologizing to the victims and providing appropriate compensation.
The client had been intoxicated on the day of the incident and his memory was not clear, but he confirmed his wrongdoing by reviewing CCTV footage at the investigative agency and was deeply remorseful.
With the attorney's assistance, a settlement was reached, one of the victims expressed her wish that the client not be punished, and for the victim with whom contact could not be made, the attorney assisted in depositing a sum of money through a criminal deposit in order to remedy the harm.
The indecent act by compulsion attorney organized this as a favorable mitigating circumstance and used it in the defense.
2. Substantiating the materials showing remorse and the plan to prevent reoffending
The sexual crime specialist attorney, through a defense counsel's opinion statement, presented in concrete terms the client's genuine remorse and his commitment to preventing recurrence.
In particular, the circumstance that the client had been heavily intoxicated on the day of the incident was framed not as an attempt to be exonerated but from the standpoint of the need to prevent reoffending, and a substantive plan for improvement, such as education and counseling on sexual awareness, was presented.
3. Systematizing the sentencing materials (first-time offender, appeals for leniency, and social foundation)
The fact that the client was a first-time offender with no prior record of the same type of offense and was a member of society who had worked diligently was also a circumstance worthy of consideration.
The indecent act by compulsion attorney systematically organized favorable materials such as petitions for leniency from family members, coworkers, and acquaintances, as well as the client's record of diligent workplace service and his awards.
In particular, the attorney emphasized that the client had subsequently resigned from the company and resolved to sever his relationship with the victims, which was a favorable circumstance.
The Result of the Indecent Act by Compulsion Attorney's Assistance, a “Suspended Sentence”
The court rendered a suspended sentence on the client's charge of an indecent act by compulsion.
While it was acknowledged that the client had committed the offense of an indecent act by compulsion against the victims, his subordinates, on several occasions by exploiting his superior position as their supervisor, the court ruled to conclude the matter with a suspended sentence in consideration of the client's age and character, his environment, the circumstances after the offense, and similar factors.
As a result, the client was able to avoid the risk of an actual prison sentence arising from the indecent act by compulsion.
Indecent Act by Compulsion, How Many Years of an Actual Prison Sentence Could Be Imposed?
| Category | Mitigated | Basic | Aggravated |
|---|---|---|---|
| General Indecent Act by Compulsion | Up to 1 year | 6 months to 2 years | 1 year and 6 months to 3 years |
An indecent act by compulsion is a serious sexual crime for which a prison sentence of one year and six months to three years may be imposed when the exercise of force is severe or when the act may cause extreme sexual revulsion.
However, an absence of any desire for punishment, the lack of a prior record of the same type of offense, or clear social ties may serve as favorable mitigating grounds, so in order to obtain a suspended sentence, one must prepare materials supporting various grounds.
3. Indecent Act by Compulsion Attorney | How Can You Defend Against an Actual Prison Sentence in an Indecent Act by Compulsion Case?
The crime of an indecent act by compulsion includes not only an indecent act committed after making it difficult for the other person to resist through assault or intimidation, but also a case in which the assault itself is sexual in nature, that is, a case in which sudden physical contact causes a sense of sexual humiliation.
Level of Punishment
| Article 298 of the Criminal Act (Indecent Act by Compulsion) A person who commits an indecent act against another person by assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won. |
Elements of Establishment
The elements for the establishment of the crime of an indecent act by compulsion are as follows.
Even for a first-time offender, if physical contact against the victim's will is recognized, there is a high likelihood of a suspended prison sentence or an actual prison sentence.
In particular, if a settlement with the victim is not reached or the attitude of remorse is insufficient, the court may impose a severe punishment, so if you are facing charges of an indecent act by compulsion, a prompt response together with an indecent act by compulsion attorney is necessary.
Indecent Act by Compulsion Should Be Resolved With a Sexual Crime Specialist Attorney
In indecent act by compulsion cases, the victim's statement often serves as key evidence, so the response to statements in the early stage of the investigation determines the direction of the case.
In particular, in matters involving a superior-subordinate relationship within the workplace or where repetitiveness is at issue, whether authority was exercised and the efforts to remedy the harm may be strictly assessed, so a more prudent response is necessary.
The indecent act by compulsion attorneys at Daeryun Law Firm establish a strategy aimed at leniency by broadly preparing materials to prove substantive efforts at improvement, including the organization of sentencing materials such as statements of remorse and petitions for leniency, the smooth conduct of a settlement with the victim, and education and counseling to prevent reoffending.
If you are facing an investigation in an indecent act by compulsion case, rather than responding alone, we recommend that you organize the direction of your response from the outset through a 🔗Legal Consultation Reservation.
With the tailored legal services that only Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), can provide, we will give careful thought to ways of delivering the result the client seeks.
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