CONTENTS
- 1. The Circumstances of the Indecent Act by Compulsion Case
- - What Is an Indecent Act by Compulsion?
- 2. The Assistance Provided by Daeryun's Attorney Specializing in Sexual Offenses in the Indecent Act by Compulsion Case
- - A Thorough Verification of the Absence of Objective Evidence
- - National Forensic Service Appraisal and Analysis of Physical Evidence
- - A Legal Rebuttal Regarding Physical Structure and the Possibility of the Conduct
- 3. The Result of the Indecent Act by Compulsion Case
- - Responding to an Indecent Act by Compulsion Charge: This Is How You Should Prepare
1. The Circumstances of the Indecent Act by Compulsion Case
This case, in which punishment for indecent act by compulsion was at issue, was a matter that arose from a misunderstanding occurring during the course of work.
The client was in the midst of requesting document verification and a signature from an employee who was working at the site, having visited the business premises to confirm procedures related to external training.
However, during this process, the alleged victim reported the client on a charge of indecent act by compulsion, claiming that the client had touched a part of her body, and the investigative agency requested a summary order, premised on punishment for indecent act by compulsion, that included a fine and an employment restriction.
Feeling a sense of injustice at the charge raised contrary to the facts, the client requested a formal trial, and in a situation where even the possibility of criminal punishment was being raised, the client came to request the assistance of an attorney specializing in sexual offenses at Daeryun Law Firm in order to respond to the punishment for indecent act by compulsion.
What Is an Indecent Act by Compulsion?
An indecent act by compulsion refers to an act of committing, against another person's will and by using unlawful means such as assault or intimidation, an indecent act that arouses sexual shame or aversion.
According to Article 298 of the Criminal Act, it is a serious offense that may be punishable by imprisonment for not more than 10 years or a fine not exceeding 15 million won.
Category | Description |
|---|---|
Assault or intimidation | There must be an exercise of physical force against the body or conduct that arouses fear |
Indecent act | Conduct that an ordinary person could perceive as arousing sexual shame or aversion |
Intent | There must be an intention and awareness to commit an indecent act for it to be established |
If even one of the three elements is not proven, it is difficult to impose punishment for the crime of indecent act by compulsion.
In particular, in cases such as physical contact during the course of work, accidental physical contact in a narrow space, and the process of giving work instructions or guidance, whether there was intent and an indecent nature becomes the key issue.
2. The Assistance Provided by Daeryun's Attorney Specializing in Sexual Offenses in the Indecent Act by Compulsion Case
To contest the punishment for indecent act by compulsion, Daeryun's attorney specializing in sexual offenses established a defense strategy by reconstructing the entire case with a focus on objective evidence and legal principles.
A Thorough Verification of the Absence of Objective Evidence
The attorney specializing in sexual offenses closely analyzed the CCTV footage secured immediately after the incident.
The footage merely confirmed the scene in which the client approached the alleged victim while holding documents, and no movement that could be regarded as touching the body or as an indecent act was confirmed at all.
This was important evidence negating whether physical force had been exercised, which is a key element in the establishment of punishment for indecent act by compulsion.
National Forensic Service Appraisal and Analysis of Physical Evidence
In the appraisal of the alleged victim's clothing by the National Forensic Service as well, no male DNA was detected.
On the basis of that result, the attorney specializing in sexual offenses actively established before the court that, apart from the alleged victim's statement, there was no objective evidence whatsoever to support punishment for indecent act by compulsion.
A Legal Rebuttal Regarding Physical Structure and the Possibility of the Conduct
The client was in a state in which the use of his hand was limited owing to a joint disability affecting part of his body, and at the time he was also holding a bag.
The attorney specializing in sexual offenses explained, together with the rule of experience, that conduct such as that alleged in the charge was not realistically possible given these physical conditions, and emphasized that a reasonable doubt existed as to the claim of punishment for indecent act by compulsion.
3. The Result of the Indecent Act by Compulsion Case
Determining that the elements of punishment for indecent act by compulsion were not satisfied, the court, through the assistance of the attorney specializing in sexual offenses, pronounced a not-guilty verdict on the grounds that, apart from the alleged victim's statement, the objective evidence was insufficient and the facts charged had not been proven to the extent of excluding reasonable doubt.
The client was able to escape the risk of criminal punishment and an employment restriction and to continue his daily life and work as normal.
Responding to an Indecent Act by Compulsion Charge: This Is How You Should Prepare
The crime of indecent act by compulsion is an offense that infringes upon another person's sexual freedom by exercising physical force such as assault or intimidation, and punishment for indecent act by compulsion may be imposed under Article 298 of the Criminal Act.
However, mere physical contact does not immediately establish punishment for indecent act by compulsion; rather, factors such as intent, whether the contact constitutes an indecent act, and whether objective evidence exists are comprehensively assessed.
Category | Key Response Points |
|---|---|
Securing evidence | CCTV, National Forensic Service appraisal, call and movement records |
Responding to statements | Maintaining the consistency of the initial statement |
Physical conditions | Proving whether the conduct was possible |
Legal review | Contesting whether there was physical force and an indecent nature |
The outcome of an indecent act by compulsion case can vary greatly depending on the direction of the initial response.
Daeryun Law Firm operates a one-stop assistance system covering criminal matters, evidence analysis, and trial response, centered on attorneys specializing in sexual offenses.
If you are facing the risk of punishment for indecent act by compulsion and are appealing a sense of injustice, we recommend that you establish an accurate response strategy from the early stages of the case through a 🔗legal consultation booking.
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.
