[Wonju Law Firm Quasi-Indecent Act by Compulsion Suspended Sentence Case] A Suspended Sentence Obtained at the Second Instance

The client who came to the Wonju law firm for a consultation had been drinking with acquaintances. The client was so intoxicated that he could not control himself, and conduct toward an acquaintance became an issue, which led him to come for a consultation.

The client had even a prior fine conviction for the same type of crime and could be subject to an actual sentence.

Because of the prior conviction, while looking for a Wonju law firm with a criminal law specialist attorney, the client came to Daeryun, and the firm decided to defend the client to the fullest from the police questioning stage.

When an attorney is retained at the Wonju law firm, the attorney can attend all criminal questioning and provide assistance. Daeryun includes the cost of attending questioning in the retainer fee,

and does not later request the cost of attending questioning from the client. During police questioning, the client can receive assistance during the suspect interrogation while accompanied by the Wonju law firm attorney.

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.

The condition of a person’s loss of mental capacity or inability to resist shall, where a person commits an indecent act against another by taking advantage of it, be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

An indecent act by compulsion and a quasi-indecent act by compulsion carry the same punishment, but the name of the offense differs depending on the conduct used to commit the indecent act against the other person.

If a person commits an indecent act against another by violence or intimidation, it is punished as the ‘crime of indecent act by compulsion,’ and if a person commits an indecent act against another by taking advantage of a condition of loss of mental capacity or inability to resist, as in the case where the client took advantage of the other person’s intoxicated state, the ‘crime of quasi-indecent act by compulsion’ applies.

The first circumstance the Wonju law firm argued was that the offense was a spontaneous offense. The client had in fact consumed a great deal of alcohol,

and was not in a condition to recognize that the conduct was wrong. The firm asked all of the acquaintances at the gathering to prepare written statements of fact

that could explain the situation, and argued that the offense was a spontaneous one rather than a premeditated one,

and that the client was sincerely remorseful.

The second circumstance the Wonju law firm argued was the client’s financial hardship. The firm submitted materials showing that, if the client were to receive a heavy sentence and go to prison

under the current circumstances, the family would have no one to support them, and argued that the court should consider these circumstances of the client.

The client was in fact the head of household responsible for supporting the family, and the firm included these circumstances in the written opinion and submitted it.

The third point the Wonju law firm focused on most was the settlement with the victim. In a settlement with the victim, the other party may sometimes demand an unreasonable amount of money or unreasonable conditions,

so it is also an area where an amicable resolution can be reached when working together with an attorney. The firm helped the client

reach a settlement with the victim on reasonable terms, and a settlement with the victim was reached. This factor

played the most important role in the suspended sentence outcome.

With the help of the Wonju law firm, the client, who because of a prior conviction for the same type of crime ultimately received an actual sentence and was detained at the first instance, was eventually relieved of the actual sentence at the second instance. The client repented and stated that he would never commit a crime again.

If you are looking for a law firm in Wonju with specialist attorneys, you may seek a consultation at Daeryun.