CONTENTS
- 1. Criminal Deposit | The Circumstances of the Case
- - What Is a Criminal Deposit?
- - Penalty Level and Elements of Indecent Act by Compulsion
- 2. Criminal Deposit | Scope of Assistance
- - Establishing a Criminal Deposit Strategy and Carrying Out a Deposit of 10 Million Won
- - Analysis of the Evidence and Organization of the DNA Examination Results
- - Emphasizing First-Time Offender Status, Social Ties, and Low Risk of Reoffending
- 3. Criminal Deposit | Outcome of Assistance
- - Considering a Criminal Deposit?
1. Criminal Deposit | The Circumstances of the Case
This case, which required a sentencing response through a criminal deposit, was a matter in which the client had been indicted on suspicion of an indecent act by compulsion, with the possibility of an actual custodial sentence even being raised.
While the client was spending time visiting an entertainment establishment with acquaintances over the weekend, he was reported by a woman he had never met before on the ground of physical contact.
At the scene at the time, he apologized in an effort to conclude the matter early amid the police mediation and the surrounding atmosphere, but the criminal procedure subsequently proceeded in earnest after the victim expressed an intention to seek punishment.
During the investigation, the client stated to the effect that he had not committed the indecent act intentionally, but the victim's statement and some of the circumstances were accepted, and he was referred to trial.
By the time the case reached the trial stage, the possibility of an actual custodial sentence or a suspended sentence was being raised, and accordingly the client determined that a strategic response to mitigate the sentence was necessary.
In particular, in a situation where a settlement with the victim was not easy, the client sought out Daeryun Law Firm and requested assistance in order to establish a response strategy.
What Is a Criminal Deposit?
A criminal deposit is a system under which, when a settlement with the victim cannot be reached or is difficult to reach in a criminal case, the suspect or defendant deposits a certain amount with the court to demonstrate the intention to help the victim recover from the harm suffered.
It may be considered as a sentencing factor in the following respects.
- Willingness to remedy the harm
- Whether there is genuine remorse
- Assessment of the risk of reoffending
- The perspective of victim protection
How a Criminal Deposit Can Be Used in Response
Category | Response Strategy |
Investigation stage | Review whether to make an early criminal deposit |
Trial stage | Submit the deposit certificate and a written statement of remorse together |
Where settlement is not possible | Where settlement with the victim is difficult, review whether to make a criminal deposit |
Sentencing materials | Submit the criminal deposit together with materials on social relationships |
Rather than operating on its own, a criminal deposit often produces a meaningful effect when combined with other sentencing materials.
Penalty Level and Elements of Indecent Act by Compulsion
Penalty Level for Indecent Act by Compulsion
The penalty level for the crime of indecent act by compulsion may vary depending on the age of the victim and the relationship involved.
Type | Penalty |
|---|---|
Indecent act by compulsion against a member of the general public | Imprisonment for up to 10 years or a fine of up to 15 million won |
Indecent act by compulsion against a relative | Imprisonment for a definite term of at least 5 years |
Indecent act by compulsion against a person with a disability | Imprisonment for a definite term of at least 3 years or a fine of 30 million to 50 million won |
Against a minor under 13 | Imprisonment for a definite term of at least 5 years |
Against a minor aged 13 or older but under 19 | Imprisonment for at least 2 years or a fine of 10 million to 30 million won |
Indecent act in a relationship of protection or supervision | Imprisonment for up to 3 years or a fine of up to 15 million won |
In cases of indecent act by compulsion, the statutory penalty may vary significantly depending on the age of the victim and the relationship involved, and depending on the case, the possibility of an actual sentence also exists.
Elements of the Crime of Indecent Act by Compulsion
For the crime of indecent act by compulsion to be established, there must be an act of committing an indecent act against a person through assault or intimidation.
Under Article 298 of the Criminal Act, an indecent act by compulsion refers to an act that causes sexual humiliation or disgust against the will of the other party.
The Supreme Court regards the assault or intimidation in the crime of indecent act by compulsion as an exercise of physical force to the extent that it makes resistance by the other party difficult.
In other words, serious assault or intimidation is not necessarily required, and various forms may be recognized depending on the circumstances.
2. Criminal Deposit | Scope of Assistance
In order to mount a strategic response centered on the criminal deposit, the criminal law attorney reexamined the case as a whole and established a stage-by-stage response plan.
Establishing a Criminal Deposit Strategy and Carrying Out a Deposit of 10 Million Won
Taking into account that a settlement was difficult to reach, the criminal law attorney promptly carried out the criminal deposit procedure.
To express the intention to remedy the harm in objective terms, a criminal deposit of 10 million won was made with the court, and the deposit certificate and a written opinion were submitted together.
This was used as a sentencing material demonstrating genuine remorse and a willingness to remedy the harm, rather than the mere provision of money.
Analysis of the Evidence and Organization of the DNA Examination Results
The criminal law attorney closely analyzed the investigation records and the examination results.
The attorney organized and submitted the examination result showing that the client's genetic material was not identified on the victim's clothing, and presented this as a factor to be taken into account in the sentencing determination, on the ground that direct physical evidence was limited.
By comprehensively organizing and submitting such objective materials, the attorney systematically constructed the circumstances favorable to the sentencing determination.
Emphasizing First-Time Offender Status, Social Ties, and Low Risk of Reoffending
The criminal law attorney organized and submitted materials on the client's criminal record, job stability, and family relationships, emphasizing that the likelihood of reoffending was low.
In addition, the attorney submitted a sincere written statement of remorse and materials on the client's social relationships in a comprehensive manner, thereby giving concrete substance to the grounds for leniency.
3. Criminal Deposit | Outcome of Assistance
As a result of the criminal law attorney's assistance centered on the criminal deposit, the court, while finding the client guilty, imposed a relatively light fine rather than an actual sentence or a suspended sentence.
This may be regarded as a result reflecting the expression of a willingness to remedy the harm and the submission of comprehensive sentencing materials.
This was a case in which the possibility of a heavier sentence could not readily be ruled out had the criminal deposit not been made in a timely manner.
The client was able to conclude the case without the burden of detention or a heavy sentence, and was able to avoid any serious disruption to maintaining employment.
Considering a Criminal Deposit?
Treating a criminal deposit solely as a means of reducing punishment, or relying on unconditional denial or emotional responses, may instead lead to an unfavorable outcome.
In recent sex offense cases, efforts to remedy the harm and the thoroughness of the sentencing materials operate as important factors in the determination, so a process of strategically reviewing the timing, amount, and method of submission of the criminal deposit is necessary.
In particular, where a settlement is difficult, the sentencing outcome may vary depending on how the criminal deposit is used, so a response direction tailored to the specific case must be carefully designed.
Because the strategy may differ depending on the gravity of the case and the state of the evidence, 🔗scheduling a legal consultation to fully review a response approach suited to your current situation is advisable.
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.
