CONTENTS
- 1. Punishment for Forcible Indecent Act | Situation in Which the Incident Occurred
- - The Situation Before the Incident
- - The Evidence Claimed by the Other Party
- 2. Punishment for Forcible Indecent Act | Matters of the Attorney's Assistance
- - Rebutting the Other Party's Statements That Differed From the Facts
- 3. Punishment for Forcible Indecent Act | ‘Non-Referral’ Without Any Sanction
- - Legal Check Point
- 4. Punishment for Forcible Indecent Act | The Importance of Evidence and Statements
- - Daeryun Law Firm's Systematic Response
1. Punishment for Forcible Indecent Act | Situation in Which the Incident Occurred
The client facing the risk of punishment for a forcible indecent act had long operated an institution overseeing elderly welfare, and the other party was an elderly person, A, who had been attending this institution.
The client had already contracted with another law firm, but came to the attorney specializing in indecent act by compulsion, stating that the progress at that firm was inadequate and that they had lost trust because the firm only spoke in ways aimed at raising the retainer fee.
The Situation Before the Incident
A, who used the institution, had previously sent certified mail concerning elder abuse to the client as well as to other staff of the institution.
An institution related to elder abuse actually came and conducted an investigation but closed the matter without finding any evidence. A also sent certified mail to the client's family and thereafter even reported the matter to the police.
In the past as well, A had made the fictitious claim that the client was in a romantic relationship with her, but because it was all fictitious content, the client and the institution's staff treated it lightly.
The Evidence Claimed by the Other Party
At the time, A sent certified mail claiming that she had suffered elder abuse and sexual molestation at the hands of the client, but parts that contradicted the truth were revealed, such as the hospital admission dates and timeline all failing to match.
In addition, A had received a diagnosis of dementia and was taking medication, and there was a precedent in which she had already caused problems through lies at the institution.
Because the client had also sufficiently prepared materials such as recordings in advance, the client earnestly requested assistance so that the matter would not proceed to trial.
2. Punishment for Forcible Indecent Act | Matters of the Attorney's Assistance
Based on the client's statements, the presented evidence, the elderly person A's history of dementia, and various other circumstances, the attorney specializing in indecent act by compulsion determined that the requirements for it to be judged as an indecent act by compulsion, such as a sexual intent or an infringement of the victim's right to sexual self-determination, were not met.
As a result of comparing the timeline of the incident claimed in the certified mail against the confirmation materials within the institution, the attorney specializing in indecent act by compulsion found that, on most of the dates on which A claimed the indecent act by compulsion occurred, there were records showing that A had actively participated in institution programs and was active no differently than usual.
The attorney specializing in indecent act by compulsion argued for no charge, point by point, addressing A's usual history of dementia, the authenticity of the certified mail previously sent to the institution's staff, the points where the timeline contradicted the various circumstances, the client's consistent statements, and A's statements that were at odds with the facts.
Rebutting the Other Party's Statements That Differed From the Facts
The attorney specializing in indecent act by compulsion rebutted A's claims, emphasizing the point that the objective materials and circumstances all contradicted the dates, times, and places of the offense claimed by A, as well as various records.
On some incident dates, A had not even met the client in the first place, so the claim itself could not be established, and the attorney emphasized that A's claims were very unnatural, pointing out that the locations were places where people could come and go at any time.
3. Punishment for Forcible Indecent Act | ‘Non-Referral’ Without Any Sanction
As the attorney specializing in indecent act by compulsion's argument for no charge was accepted in full, the police issued a decision of non-referral regarding the charge of a forcible indecent act.
Having ultimately received a decision of non-referral in the indecent act by compulsion case, the client did not receive punishment for a forcible indecent act and returned to daily life, freed from the dispute that had continued with A, and was able to devote attention to operating the institution.
Legal Check Point
An indecent act by compulsion refers to any physical or psychological act that infringes on sexual freedom against the will of the other party, and when a person is involved, the level of punishment is as follows.
level of punishment for the crime of forcible indecent act is as follows.
| Criminal Act Article 298 (Indecent Act by Compulsion) | Imprisonment for up to 10 years or a fine of up to 15 million won |
4. Punishment for Forcible Indecent Act | The Importance of Evidence and Statements
In a sex crime case such as an indecent act by compulsion, the most important things are evidence and statements.
Because even small pieces of evidence or statements can have a strong effect, if it is proven that the authenticity and consistency of such evidence differ from reality, one can escape the risk of receiving a severe punishment.
In this case, the client had secured evidentiary materials such as recordings in advance, and the attorney specializing in indecent act by compulsion secured and presented the results of comparing, one by one, that the content A claimed through the certified mail differed from the objective records submitted by the institution and others.
Daeryun Law Firm's Systematic Response
Drawing on its experience handling various sexual offense cases, including cases of indecent act by compulsion, Daeryun Law Firm provides a systematic response across the entire process, from the initial consultation to settlement negotiation, response to complaints, and trial preparation.
Centered on criminal law specialist attorneys registered with the Korean Bar Association, the firm analyzes the characteristics and risk factors of a case, reviews the sentencing factors relevant to the matter, and establishes a response strategy.
If you are in a situation that requires an investigation or response regarding a case of indecent act by compulsion, please confirm the issues and response strategy in your case through a 🔗legal consultation reservation with a sexual offense attorney.
Daeryun, the ninth-largest law firm in Korea (based on its 2025 value-added tax filing with the National Tax Service), assists with cases through its accumulated experience.
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.
