Anyang Criminal Attorney Assistance | Daeryun, Successful ‘Suspended Sentence’ Defense on a Charge of Indecent Act by Compulsion Against a Minor

In a sexual offense case, where securing evidence is difficult, whether the charge can be proven is the key issue.

The Daeryun Anyang criminal attorney closely reviewed the client's case and set about gathering evidence to add validity and credibility to the statements.

The client, in their thirties and residing in Anyang, received an invitation from a friend to drink

The friend invited the client not to a venue but to the friend's own home, and the client went to the friend's home.

When the client arrived, the friend was already heavily intoxicated and was being physically affectionate with the victim who was present.

The two intoxicated individuals even engaged in a sexual act in front of the client, whereupon the client also felt sexual desire and touched the victim's body.

When the victim had sobered up a little, the victim said not to touch them, and the client stopped touching, but the friend continued forcibly having sexual intercourse with the victim.

As a result of the incident, the friend was prosecuted for sexual intercourse by deceit or coercion, and the client was prosecuted on a charge of an indecent act by compulsion.

■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 punished by life imprisonment or imprisonment for not less than 5 years

Article 8-2 (Sexual Intercourse, etc. With Children and Youth Aged at Least 13 but Under 16)
① If a person aged 19 or older has sexual intercourse with a child or youth aged at least 13 but under 16 by taking advantage of the child or youth's distressed state, or causes such a child or youth to have sexual intercourse with another person, the person shall be punished by imprisonment for a definite term of not less than 3 years.

Article 15-2 (2)
If a person aged 19 or older commits any of the following acts toward a child or youth under 16 through an information and communications network, the person shall be punished by imprisonment for not more than 3 years or a fine of not more than 30 million won
-Continuously or repeatedly engaging in conversation that may cause sexual desire, shame, or disgust, or continuously or repeatedly inducing participation in such conversation
-A sexual act
-A quasi-sexual act using part of the body, such as the mouth or anus, or a tool
-An act of contacting or exposing all or part of the body that causes ordinary people's sexual shame or disgust
-Masturbation

■Criminal Act■

Article 298 (Indecent Act by Compulsion)
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 a fine of not more than 15 million won.

Article 302 (Sexual Intercourse With a Minor, etc.)
A person who, by deceit or force, has sexual intercourse with or commits an indecent act against a minor or a person of feeble mind shall be punished by imprisonment for not more than 5 years.

Article 305 (2) (Sexual Intercourse With or Indecent Act Against a Minor)
A person aged 19 or older who has sexual intercourse with or commits an indecent act against a person aged at least 13 but under 16 shall be punished, as a person who rapes another by violence or intimidation, by imprisonment for a definite term of not less than 3 years.

The Anyang criminal attorney argued that the client did not know that the victim was a minor.

The client was not even acquainted with the victim and had merely seen the victim together with the friend.

The Daeryun Anyang criminal attorney emphasized that the client had naturally assumed the victim was an adult and had no idea the victim was a minor.

The Anyang criminal attorney argued that the client's offense was an impulsive act driven by curiosity.

In fact, the client in the Anyang criminal case stopped the act immediately when the victim showed an intention to refuse.

The Daeryun Anyang criminal attorney requested that the court take into account that the client stopped the indecent act immediately and did not proceed to a more serious crime.

The Daeryun Anyang criminal attorney emphasized that the client was in deep regret and remorse.

In fact, the client was greatly shocked by the fact that the victim had been a minor, and participated in education to prevent reoffending of sexual crimes and cognitive behavioral improvement training, resolving never to commit a sexual offense again and to live diligently.

A sexual offense committed against a minor, who is still mentally and physically immature and lacks the capacity for judgment or self-defense, is judged to carry a heavier culpability.

Daeryun Law Firm provides client-tailored legal assistance at each stage, from legal consultation through to courtroom advocacy.

If you have become caught up in a sexual offense against a minor in a situation such as the above, please seek help from a Daeryun Law Firm Anyang criminal attorney.

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