[Ulsan Sex Crime Attorney Assistance Case] With the Assistance of an Ulsan Sex Crime Attorney, a Charge of Sexual Assault by a Relative Resulted in Non-Prosecution

The client who requested assistance from the Ulsan sex crime attorney was the complainant's uncle.

The client had many family gatherings and often traveled with relatives.

In doing so, the client had remained close with the complainant, including sleeping in the same room.

One day, the complainant reported the client on charges of sexual assault and indecent act by compulsion, and feeling that this was unjust, the client came to the Ulsan sex crime attorney.

■ Statutes Related to the Case as Explained by the Ulsan Sex Crime Attorney

Punishment for Statutory Rape and Statutory Indecent Act Against a Minor

▶Criminal Act, Article 305 (Sexual Intercourse or Indecent Act with a Minor)

(1) A person who has sexual intercourse with or commits an indecent act against a person under 13 years of age shall be punished in accordance with Article 297, Article 297-2, Article 298, Article 301, or Article 301-2.

(2) A person of 19 years of age or older who has sexual intercourse with or commits an indecent act against a person of 13 or more but under 16 years of age shall be punished in accordance with Article 297, Article 297-2, Article 298, Article 301, or Article 301-2.

▶Criminal Act, Article 298 (Indecent Act by Compulsion)

A person who commits an indecent act against another by violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

▶Criminal Act, Article 297 (Rape)

A person who rapes another by violence or intimidation shall be punished by imprisonment for a definite term of at least 3 years.

▶Act on Special Cases concerning the Punishment of Sexual Crimes, Article 5 (Rape, etc. by a Relative)

(1) Where a person in a relative relationship rapes another by violence or intimidation, that person shall be punished by imprisonment for a definite term of at least 7 years.

(2) Where a person in a relative relationship commits an indecent act against another by violence or intimidation, that person shall be punished by imprisonment for a definite term of at least 5 years.

(3) Where a person in a relative relationship commits the crime under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the Criminal Act against another, that person shall be punished in accordance with paragraph (1) or (2).

(4) The scope of relatives under paragraphs (1) through (3) shall be blood relatives and relatives by marriage within the fourth degree of kinship, and relatives living together.

(5) The relatives under paragraphs (1) through (3) include relatives in a de facto relationship.

The complainant had a severe degree of intellectual disability and could not distinguish reality from delusion.

The client's relatives argued that they did not understand why the complainant believed she was the victim of a sex crime, and that all of the relatives were suffering emotionally because of this case.

The Ulsan sex crime attorney argued that the client, as the head of a family, was providing financial support.

If the client were to receive an actual prison sentence, it would become difficult for the client's family to maintain their livelihood.

The Ulsan sex crime attorney requested leniency so that the client could continue to support the family's livelihood.

The Ulsan sex crime attorney argued that, because the client had been together with the complainant's parents at the location the complainant described, the allegation that the client committed an indecent act against the complainant in that situation was a statement that could not be accepted under ordinary common sense.

The client who came to the Ulsan sex crime attorney had been charged with sexual assault and was in a situation requiring a defense against punishment.

Daeryun's Ulsan sex crime attorney provided assistance throughout the overall litigation process, including legal consultation and the gathering of evidence.

As a result, the client was able to obtain a non-prosecution decision on the sexual assault charge.

If there are individuals struggling with a situation similar to that of this client, they may come to Daeryun Law Firm's Ulsan sex crime attorney at any time.