CONTENTS
- 1. A Case of the Client Who Consulted Regarding Criminal Case Attorney Fees
- 2. The Response Strategy After the Consultation Regarding Criminal Case Attorney Fees
- - Proof of Educational Activity and the Absence of the ‘Intent to Commit an Indecent Act’
- - Analysis of the Possibility of a Misunderstanding in the Victim's Statement and of the Circumstances of Its Occurrence
- - The Investigation Response Strategy for Settlement and for Inducing a Decision Not to Book the Case
- 3. The Result of the Assistance After the Consultation Regarding Criminal Case Attorney Fees: ‘No Booking’
- - What Is Indecent Act by Compulsion Against a Minor Under 13?
- - Methods of Response
- - Curious About the Fees and Response Methods of a Criminal Case Attorney?
1. A Case of the Client Who Consulted Regarding Criminal Case Attorney Fees
The client who made an inquiry about criminal case attorney fees was a teacher who had worked in the field of education for many years and who received a report while serving as a homeroom teacher and carrying out student guidance duties at an elementary school, and the actual legal issue was whether indecent act by compulsion against a minor was established.
The matter began when the student's side asserted a sexual intent regarding the physical contact that occurred in the course of tidying the classroom and preparing to leave for the day.
At the time, the client, on account of bodily pain, requested help from the student, and it was a situation in which contact occurred in the course of momentarily supporting the student's body for the student's safety.
However, as the conduct in question developed into a sexual molestation case, not only the criminal procedure but also the possibility of disciplinary action by the office of education was raised together.
In a crisis in which the career and honor built as an educator could be damaged, the client, after inquiring about criminal case attorney fees, came to Daeryun Law Firm in order to receive the assistance of a sexual molestation attorney.
2. The Response Strategy After the Consultation Regarding Criminal Case Attorney Fees
After the consultation regarding criminal case attorney fees, the sexual molestation attorney organized this case as a matter of ‘distinguishing simple physical contact from an indecent act under the Criminal Act’ and reconstructed the response strategy.
Proof of Educational Activity and the Absence of the ‘Intent to Commit an Indecent Act’
The sexual molestation attorney set as the core strategy the position that the client's conduct was an unavoidable physical contact for the student's safety in the course of tidying the classroom and guiding the student in leaving for the day, in a state in which there was no intent whatsoever to commit a sexual molestation against the student.
In particular, emphasizing that the ‘intent to commit an indecent act,’ a requirement for the establishment of indecent act by compulsion under the Criminal Act, was not recognized, the attorney submitted objective evidence such as a medical certificate and a hospitalization confirmation relating to the client's bodily pain, and thereby proved that the contact in question had taken place in an unavoidable situation.
Analysis of the Possibility of a Misunderstanding in the Victim's Statement and of the Circumstances of Its Occurrence
Comprehensively reviewing the victim student's particular circumstances and the circumstances before and after the incident, the attorney argued that there was a high probability that this case had originated from a misunderstanding rather than from an intentional offense.
The attorney also organized and conveyed to the investigative agency the fact that there was reasonable doubt regarding the circumstances in which the incident occurred and the process by which the statements were formed.
The Investigation Response Strategy for Settlement and for Inducing a Decision Not to Book the Case
The sexual molestation attorney communicated with the victim's side to resolve the misunderstanding and secured a statement of no desire for punishment.
The attorney also submitted materials proving the client's customary conscientiousness, such as letters of appeal, prepared so that consistent statements would be made at the police investigation stage, and persuaded the investigative agency of the need for a decision not to book the case.
3. The Result of the Assistance After the Consultation Regarding Criminal Case Attorney Fees: ‘No Booking’
As a result of the assistance following the consultation regarding criminal case attorney fees, the client received a decision not to book the case at the police stage.
As a result of comprehensively reviewing the submitted materials and statements, the investigative agency determined that the alleged indecent act by compulsion against a minor under the age of 13 under the Act on Special Cases concerning the Punishment of Sexual Crimes was difficult to establish.
In particular, it was given significant consideration that no sexual intent or intent to commit an indecent act was recognized and that the contact was an unavoidable one that had occurred in the course of educational activity.
Accordingly, the matter did not lead to criminal punishment, and the client became able to maintain the career and honor built as an educator.
What Is Indecent Act by Compulsion Against a Minor Under 13?
Indecent act by compulsion against a minor under 13 refers to the commission of an indecent act against a person under the age of 13.
What the offense of indecent act by compulsion is
It is a crime of committing an indecent act against a person by means of assault or threat.
However, according to the precedents, strong assault is not necessarily required, and a surprise contact may also be recognized as an indecent act.
Supreme Court Judgment of March 26, 2020, 2019Do15994
The offense of indecent act by compulsion includes not only the case of committing an indecent act after rendering resistance difficult by inflicting assault or threat upon the other party, but also the so-called surprise indecent act, in which the act of assault itself is recognized as the indecent act.
In particular, in the case of a surprise indecent act, the consistent position of the precedents is that the act of assault committed simultaneously with the indecent act need not necessarily be of a degree sufficient to suppress the other party's will, and that it suffices if there is an exercise of physical force against the other party's will, regardless of the magnitude or strength of that force.
Accordingly, the Supreme Court has determined that such acts as stroking the buttocks or breasts over the victim's clothing, kneading the victim's shoulders against the victim's will, a teacher pressing and rubbing his own face against a middle school girl's face, or stroking and touching a middle school girl's ear constitute surprise indecent acts in which an exercise of physical force against the victim's will took place.
Important Criteria for Legal Determination
• Whether physical contact existed
• The sexual meaning of the contact
• Whether the intent to commit an indecent act existed
• The circumstances of the conduct (whether it was an educational activity)
Whether it was simple contact or an indecent act with a sexual intent becomes the core criterion for determination.
Methods of Response
Stage | Specific Method of Response |
|---|---|
Stage 1: Response to Initial Statements | Organizing the circumstances of the case on a factual basis and maintaining consistent statements |
Stage 2: Securing Objective Evidence | Securing evidence proving the situation, such as medical records, CCTV, and call records |
Stage 3: Review of Legal Principles | Analyzing whether the requirements for the application of indecent act by compulsion and the special act are satisfied |
Stage 4: Settlement and Explanation | Explaining the possibility of a misunderstanding and proceeding with efforts to repair the harm |
Stage 5: Investigation Response | Submitting a written opinion and responding strategically during the investigation process, and, if necessary, considering the retention of a specialist attorney with attention to matters such as criminal case attorney fees |
Curious About the Fees and Response Methods of a Criminal Case Attorney?
When a case involves a minor, a finding that the person is a juvenile offender may lead to criminal punishment, so a review of the legal principles and a response to the evidence from the earliest stage are highly important.
Centered on its indecent act attorneys, Daeryun Law Firm collaborates with its Evidence Investigation Center and Digital Forensics Center to provide a systematic response strategy spanning case analysis, the securing of evidence, and the response to the investigation.
As in the actual case, where a mistaken perception of an indecent act or the question of intent becomes the issue, whether the case is booked may be determined by the initial statements and the approach to submitting materials, so a prompt response is necessary.
If you wish to learn about the fees of a criminal case attorney and the methods of response, please 🔗schedule a legal consultation to accurately confirm the issues in the present case and the appropriate course of response.
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