Ilsan Sex Crime Attorney Obtains a 2-Year Imprisonment Sentence Against a Minor Offender on Charges of Indecent Act by Compulsion

The victim in the case was the client's child. The circumstances of the case as understood by the Ilsan Sex Crime Attorney through the consultation are as follows.

The victim drank alcohol at the offender's home with several friends, including the offender.

At one point, taking advantage of a moment when the victim was heavily intoxicated and had lost consciousness, the offender touched the victim's body and genitals and committed a quasi-indecent act by compulsion, and

while the victim was lying on the floor asleep after vomiting in the bathroom, the offender committed a quasi-imitative sexual act against the victim.

The next day, when the victim came to her senses, she recalled the offender's actions toward her the previous night and told her parents about it,

and the client came to Daeryun to file a criminal complaint on the child's behalf and to plead for severe punishment of the offender.

*Clicking a statute name takes you to a Daeryun legal information page that introduces it.

Act on the Protection of Children and Youth against Sexual Abuse

▣ Article 7 (Rape, Indecent Act by Compulsion, etc. against Children and Youth)

① A person who rapes a child or youth by violence or intimidation shall be subject to life imprisonment or imprisonment for at least 5 years.

② A person who, by violence or intimidation, commits against a child or youth any of the acts falling under the following subparagraphs shall be subject to imprisonment for a definite term of at least 5 years.

1. Inserting the genitals into the interior of the body (excluding the genitals), such as the mouth or anus

2. Inserting part of the body (excluding the genitals), such as the fingers, or an object into the genitals or anus

③ A person who commits against a child or youth the crime under Article 298 of the "Criminal Act" shall be subject to imprisonment for a definite term of at least 2 years or a fine of at least 10 million won but not more than 30 million won.

④ A person who commits against a child or youth the crime under Article 299 of the "Criminal Act" shall be governed by paragraphs (1) through (3).

⑤ A person who, by deceit (僞計) or coercion, has sexual intercourse with a child or youth or commits an indecent act against a child or youth shall be governed by paragraphs (1) through (3).

⑥ An attempt of the offenses under paragraphs (1) through (5) shall be punished.

Criminal Act

▣ Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act against another by taking advantage of that person's loss of consciousness or inability to resist shall be governed by Article 297, Article 297-2, and Article 298.

The attorney emphasized that the offender took advantage of a state of loss of consciousness or inability to resist, in which the intoxicated victim could not even speak properly or hold up her body, to commit an indecent act and a quasi-rape.

The attorney further emphasized that the offender was committing secondary harm by spreading lies about the victim.

The attorney emphasized that, following this incident, the victim experienced depression and mood swings to the point of feeling suicidal urges, amounting to severe psychological suffering.

The attorney emphasized that the victim still experiences physical reactions such as extreme anxiety when going to crowded places and is therefore continuing psychiatric medication and counseling treatment.

The attorney emphasized that, immediately after this incident, the offender conveyed only a perfunctory expression of apology aimed at dissuading the victim from filing a criminal complaint and made no other sincere effort to repair the harm.

The attorney emphasized that the victim and the victim's family therefore have doubts as to whether the offender is taking his criminal conduct and the victim's suffering seriously and whether he acknowledges full responsibility.

For the recovery of the client's child, the victim, the Ilsan Sex Crime Attorney worked to the fullest so that a heavy sentence could be imposed on the defendant, the offender.

As a result, despite the defendant being a juvenile offender, a heavy sentence of 2 years' imprisonment was imposed.

The Sex Crime Response Group of Daeryun Law Firm consists of sex crime attorneys who, with more than 20 years of experience, accurately understand the methods and flow of investigations and trials, and they jointly handle cases.

Through this, the firm works to guide the client's case in a more favorable direction, so if you are suffering from a similar case or from other harm caused by a sex crime,

you may visit Daeryun Law Firm at any time.