CONTENTS
- 1. The Client Who Came to a Criminal Defense Lawyer on Suspicion Involving a Suspension of Indictment for Indecent Act by Compulsion
- 2. Key Assistance for a Suspension of Indictment for Indecent Act by Compulsion
- - Securing a Statement of No Wish for Punishment After Coordinating the Settlement Process
- - Asserting That the Likelihood of Reoffending Was Low
- - The Client's Sincere Attitude During the Questioning
- - Submission of Materials Showing Remorse
- 3. The Case Concluded With a Suspension of Indictment for Indecent Act by Compulsion
- 4. Legal Information That a Suspect Seeking a Suspension of Indictment for Indecent Act by Compulsion Should Know
- - Frequently Asked Questions by Clients Before Questioning
1. The Client Who Came to a Criminal Defense Lawyer on Suspicion Involving a Suspension of Indictment for Indecent Act by Compulsion
The client who came to a criminal defense lawyer regarding a suspension of indictment for indecent act by compulsion had, at the time of the incident, been staying in the hallway in front of the women's restroom of an officetel while intoxicated.
The client was making loud noises in the hallway, and in the course of this, he came face to face with a woman who was coming out of the women's restroom.
The client momentarily touched part of the woman's body, and as a result, the victim felt great discomfort and fear and reported the matter to the police.
The client, who was subsequently questioned by the police on suspicion of indecent act by compulsion, was worried about the effect on criminal punishment and on his social life, and requested the assistance of a criminal defense lawyer.
2. Key Assistance for a Suspension of Indictment for Indecent Act by Compulsion
For a suspension of indictment for indecent act by compulsion, the criminal defense lawyer organized the response direction by reviewing, in turn, the client's attitude after the incident, the recovery of the victim, the possibility of reoffending, and the sentencing materials.
Securing a Statement of No Wish for Punishment After Coordinating the Settlement Process
In a sex-crime case, if the suspect contacts the victim directly, even an expression of apology may be received as pressure or inducement, and it may be misunderstood as secondary harm.
Accordingly, on behalf of the client, the criminal defense lawyer first confirmed the intentions of the victim's side, coordinated the manner of contact and the terms of settlement, and proceeded with the settlement process.
The client was then able to pay a settlement amount to the victim, and the victim submitted a statement of no wish for punishment stating that she did not want punishment.
Based on these materials, the criminal defense lawyer explained to the investigative authorities that the client had not evaded the matter but had made substantial efforts toward recovery of the victim.
Asserting That the Likelihood of Reoffending Was Low
The client was a first-time offender with no prior record of being punished for a sex crime, and at the time of the incident, it was an impulsive act committed while intoxicated and with impaired judgment.
This showed that the client was not someone who had repeatedly caused similar problems, but rather that it was an act done wrongly on the spur of the moment in a particular situation.
On this basis, the criminal defense lawyer asserted to the investigative authorities that the likelihood of the client repeating the same offense was low.
The Client's Sincere Attitude During the Questioning
Before the prosecution's questioning, the criminal defense lawyer, together with the client, distinguished the parts he remembered, the parts that were unclear, and the parts that should be acknowledged.
In particular, the lawyer organized matters so that saying "I do not remember" would not appear to be an evasion of responsibility, and assisted the client in stating confirmed facts honestly.
On this basis, the client responded sincerely to the prosecution's questioning, and the criminal defense lawyer explained that this attitude could serve as an important mitigating factor.
Submission of Materials Showing Remorse
The criminal defense lawyer guided the direction of writing so that the client would not stop at merely seeking leniency but could include in the letter of remorse the suffering the victim would have felt and a plan for changing his life going forward.
The client then wrote a letter of remorse deeply repenting his wrongdoing, and his family also submitted a written plea to the effect that they would help with the client's living environment and the prevention of recurrence.
Accordingly, the criminal defense lawyer explained that the client needed to be given an opportunity to live once again as a sincere member of society with the help of his family, and requested a suspension of indictment from the investigative authorities.
3. The Case Concluded With a Suspension of Indictment for Indecent Act by Compulsion
As a result of the criminal defense lawyer's assistance toward a suspension of indictment for indecent act by compulsion, the client was able to receive a suspension of indictment.
Accordingly, the client was able to conclude the case without undergoing a criminal trial and without any punishment.
4. Legal Information That a Suspect Seeking a Suspension of Indictment for Indecent Act by Compulsion Should Know
For a suspension of indictment for indecent act by compulsion, it is more important to show efforts toward recovery of the victim and prevention of recurrence through materials than simply to say, "I ask for leniency."
In this case as well, the criminal defense lawyer organized and submitted together the materials on recovery of the victim and the client's materials showing remorse, and as a result, it was able to lead to a suspension of indictment.
Frequently Asked Questions by Clients Before Questioning
Q. If I receive a suspension of indictment for indecent act by compulsion, will it leave a criminal record?
A. A suspension of indictment is a non-prosecution disposition that does not refer the matter to trial, so no criminal record remains. However, investigation-history data may be retained for a certain period.
Q. In a case involving a suspension of indictment for indecent act by compulsion, can I unconditionally receive leniency if I simply reach a settlement?
A. No. Because indecent act by compulsion is not a crime not punishable against the victim's will, the investigation may continue even if the victim does not want punishment. However, because a settlement agreement and a statement of no wish for punishment are materials that show whether recovery of the victim has taken place, they may be reviewed as a major sentencing factor when the disposition is decided.
Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), in indecent act by compulsion cases, responds step by step, from organizing the statement before questioning, to reviewing the process of recovery of the victim, to guiding the writing of the letter of remorse, and through to the process of submitting a statement of no wish for punishment.
In addition, where materials are needed to objectively confirm the situation at the time, through the Evidence Investigation and Digital Forensics Centers with which this firm collaborates, it can collect and organize the necessary evidence, such as CCTV footage, mobile phone data, and message history.
If you need assistance, 🔗reserve a legal consultation to have the facts of your current case and the response direction reviewed.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
