CONTENTS
- 1. A Client Placed at Risk of Punishment on Suspicion of an Indecent Act by Compulsion
- 2. Key Assistance for Defending Against the Indecent-Act-by-Compulsion Suspicion
- - Explanation of the Circumstances of the Meeting
- - Review of the Process of Moving to the Unstaffed Motel
- - Comparison of the Recording and the Statement
- 3. What Was the Result of the Assistance With the Indecent-Act-by-Compulsion Suspicion? A Non-Prosecution Disposition
- 4. The Elements of the Offense and the Level of Punishment That a Suspect of an Indecent Act by Compulsion Should Know
- - Frequently Asked Questions
1. A Client Placed at Risk of Punishment on Suspicion of an Indecent Act by Compulsion
This is the story of a client who came to be suspected of an indecent act by compulsion.
The client wished to send a gift to a part-time worker at a golf course (hereinafter the counterpart) and received the counterpart's mobile phone number and home address.
After that, the counterpart actively set the schedule for a meeting first, and the client met the counterpart and had a meal.
After the meal, the client said that, because that place was the neighborhood where the client runs a business, the client was self-conscious about being seen with a young woman.
So they decided to move briefly to an unstaffed motel right next to the restaurant, and in the course of moving by car the client lightly tapped the counterpart's knee with a finger, and the two touched each other's earlobes, the client said.
After arriving at the unstaffed motel, the client went in first, and the counterpart also followed in without any particular word.
However, not long afterward, the counterpart said that she wanted to go home, and the client said that the client sent the counterpart home without any physical contact.
Yet afterward, the counterpart reported the matter, asserting that the client had forcibly touched her body at the unstaffed motel.
Accordingly, the client requested the assistance of a criminal defense lawyer in order to prepare for the investigation.
2. Key Assistance for Defending Against the Indecent-Act-by-Compulsion Suspicion
In the indecent-act-by-compulsion case, the criminal defense lawyer reviewed, in turn, the circumstances in which the meeting began, the process of moving to the unstaffed motel, and the statement asserting that there had been physical contact.
Explanation of the Circumstances of the Meeting
The client explained that the client had maintained contact with the counterpart for about two weeks before the incident and that the appointment had not been set unilaterally.
Accordingly, the criminal defense lawyer checked the content of the text messages and the process by which the appointment was set, and organized in chronological order the atmosphere in which the two came to meet.
In particular, on the basis of the fact that the counterpart had agreed to the scheduling and the circumstances in which the client had received the contact information and address, the lawyer explained to the investigative authorities that it was difficult to regard the meeting as having been coercive from the outset.
Review of the Process of Moving to the Unstaffed Motel
The client explained that the reason for moving to the unstaffed motel was that, being near the client's place of business, the client was self-conscious about the surrounding gaze, and that the purpose was to brush the client's teeth right after the meal.
On this basis, the criminal defense lawyer organized in chronological order the dining place and the location of the unstaffed motel, the flow of conversation at the time of the move, and the process by which the counterpart followed in.
By examining whether the counterpart had clearly refused the move and whether there were circumstances in which the client had taken her forcibly, the lawyer explained that it was difficult to conclude an intent to commit an indecent act by compulsion merely from the move to the unstaffed motel.
Comparison of the Recording and the Statement
The counterpart asserted that she had been recording the conversation from before entering the unstaffed motel, and the client learned of this fact during the police investigation.
Accordingly, the criminal defense lawyer considered that, if there was a recording, it was rather necessary to confirm whether the counterpart's assertion matched the actual flow of the conversation.
If, as the counterpart asserted, the client had made strong physical contact or attempted a kiss, there is a high possibility that related circumstances would also have remained in the conversation or reactions at the time.
However, no such circumstances were confirmed in the actual recording, and on this basis the criminal defense lawyer explained that it was difficult to conclude that the client's conduct was an indecent act by compulsion on the basis of the counterpart's statement alone.
3. What Was the Result of the Assistance With the Indecent-Act-by-Compulsion Suspicion? A Non-Prosecution Disposition
In the indecent-act-by-compulsion case, the investigative authorities judged that there was insufficient evidence to regard the client as having forcibly made physical contact against the counterpart's will.
Ultimately, the client was able to receive a non-prosecution disposition for insufficient evidence.
4. The Elements of the Offense and the Level of Punishment That a Suspect of an Indecent Act by Compulsion Should Know
In an indecent-act-by-compulsion case, guilt is not established immediately merely by the statement that there was physical contact; the part of the body touched and the manner of touching, the atmosphere at the time, the counterpart's intention, and the content of the conversation before and after are examined together.
Therefore, from the standpoint of the suspect, it is important to accurately organize the situation at the time on the basis of objective materials such as the circumstances of the meeting, the process of moving, audio recordings, text-message content, and CCTV footage.
In particular, the circumstances of the meeting, the file recorded by the counterpart, and the content of the conversation during the process of going home can become important defense materials.
In this case as well, the criminal defense lawyer organized together the recorded content and the circumstances of the move, the parts where the statements diverged, and explained that it was difficult to conclude that the client's conduct was an indecent act by compulsion, and as a result the matter was able to lead to a non-prosecution disposition.
Frequently Asked Questions
Q. In an indecent-act-by-compulsion case, is it better to reach a settlement first?
A. In a situation where the charge is denied, if a settlement is hastily pursued first, the investigative authorities may view this as an attitude of admitting part of the charge. Therefore, rather than a settlement, a process of first confirming the facts and the evidence and organizing which parts to contest is necessary.
Q. In an indecent-act-by-compulsion case, is a recording by the counterpart unconditionally unfavorable to the suspect?
A. A recording varies depending on its content. On the contrary, if there are no coercive circumstances or the flow of the conversation is natural, it can be reviewed as defense material.
Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), through collaboration between its sex-crime attorneys and its Evidence Investigation and Digital Forensics Centers, compares objective materials such as audio recordings, CCTV footage, text messages, and call records, and organizes the circumstances of the meeting and the differences in statements to respond to the investigation.
If you have been suspected of an indecent act by compulsion, 🔗reserve a legal consultation to review the direction of your response.
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