CONTENTS
- 1. The Client Who Turned to a Bucheon Sex Crimes Attorney
- - How the Client Came to Turn to a Bucheon Sex Crimes Attorney
- 2. Relevant Statutes, as Explained by a Bucheon Sex Crimes Attorney
- 3. The Bucheon Sex Crimes Attorney's Assistance
- - Bucheon Sex Crimes Attorney Argues That the Client Did Not Assault the Complainant
- - Bucheon Sex Crimes Attorney Argues That the Complainant Had Consented
- - Bucheon Sex Crimes Attorney Argues That the Client Had Reached a Settlement With the Complainant
- 4. The Police's Determination on the Bucheon Sex Crimes Attorney's Arguments
- - If You Need the Assistance of a Bucheon Sex Crimes Attorney
1. The Client Who Turned to a Bucheon Sex Crimes Attorney
The client who turned to a Bucheon sex crimes attorney requested help from a sex crimes attorney at the Bucheon office in order to respond properly at the early stage of the case and to clear multiple charges, including 🔗analogous rape.
How the Client Came to Turn to a Bucheon Sex Crimes Attorney
The complainant in this case had embezzled money from the client's company, and that fact had previously come to light.
Unable to repay the full embezzled amount and afraid of punishment, the complainant made a proposal to the client.
The proposal was that part of the loss be forgiven in exchange for a sexual relationship.
The client accepted the proposal and engaged in a sexual relationship with the complainant by mutual agreement, but a few days later she filed a complaint against the client for analogous rape, 🔗illegal filming using a camera and several other charges.
Having been unfairly implicated in the case, the client held a consultation with a Bucheon sex crimes attorney in order to resolve the matter with the assistance of an experienced attorney.
2. Relevant Statutes, as Explained by a Bucheon Sex Crimes Attorney
Imitative Rape
Act on Special Cases concerning the Punishment of Sexual Crimes Article 2 (Definitions)
① In this Act, a “sexual crime” means a crime falling under any of the following subparagraphs:
3. Among the crimes of rape and indecent acts under Chapter 32 of Part 2 of the “Criminal Act,” the crimes under Article 297 (Rape), Article 297-2 (Analogous Rape), Article 298 (Indecent Act by Compulsion), Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion), Article 300 (Attempts), Article 301 (Rape, etc. Causing Injury), Article 301-2 (Rape, etc. Causing Death), Article 302 (Sexual Intercourse with a Minor, etc.), Article 303 (Sexual Intercourse by Abuse of Authority, etc.), and Article 305 (Sexual Intercourse with or Indecent Act against a Minor)
Criminal Act Article 297-2 (Analogous Rape)
A person who, by violence or intimidation, inserts the genital organ into the inside of another person's body (excluding the genital organ), such as the mouth or anus, or inserts a part of the body (excluding the genital organ), such as a finger, or a tool into the genital organ or anus, shall be punished by imprisonment for a definite term of at least 2 years.
Illegal Filming Using a Camera
Act on Special Cases concerning the Punishment of Sexual Crimes Article 14 (Filming Using a Camera, etc.)
① A person who, using a camera or any other device with similar functions, films the body of another person that may cause sexual desire or shame, against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.
② A person who distributes, sells, leases, provides, or publicly displays or screens (hereinafter “distribution, etc.”) the filmed material or its copies (including copies of copies; hereinafter the same applies in this Article) under paragraph (1), or who, even where the filming under paragraph (1) was not against the will of the person filmed at the time of filming (including the case of a person who films their own body), subsequently engages in distribution, etc. of the filmed material or its copies against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.
③ A person who, for profit, commits the crime under paragraph (2) against the will of the person filmed by using an information and communications network under Article 2 (1) 1 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.” (hereinafter “information and communications network”) shall be punished by imprisonment for a definite term of at least 3 years.
④ A person who possesses, purchases, stores, or views the filmed material or its copies under paragraph (1) or (2) shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.
⑤ Where the crimes under paragraphs (1) through (3) are committed habitually, the punishment prescribed for the relevant crime shall be increased by up to one half.
3. The Bucheon Sex Crimes Attorney's Assistance
Based on the available evidence, the Bucheon sex crimes attorney developed a careful strategy to deny the alleged facts and to conclude the case with a no-referral.
Bucheon Sex Crimes Attorney Argues That the Client Did Not Assault the Complainant
The attorney emphasized that the client denied the alleged facts of imitative rape, as the client had not committed any violence or intimidation to the degree that would suppress the complainant's resistance or make resistance difficult.
Bucheon Sex Crimes Attorney Argues That the Complainant Had Consented
The attorney emphasized that the client had filmed the complainant's body with the complainant's consent, and that the client therefore denied the alleged facts of illegal filming using a camera.
Bucheon Sex Crimes Attorney Argues That the Client Had Reached a Settlement With the Complainant
The attorney argued that the client had reached a settlement with the complainant and that the complainant had accordingly expressed an intention not to seek the client's punishment.
4. The Police's Determination on the Bucheon Sex Crimes Attorney's Arguments
The police accepted the Bucheon sex crimes attorney's arguments and issued a ‘no-referral’ decision.
If You Need the Assistance of a Bucheon Sex Crimes Attorney
In criminal cases, the early response is important, so the assistance of an attorney experienced in criminal matters can be regarded as essential.
At Daeryun Law, attorneys experienced in criminal matters who have handled 🔗numerous criminal cases respond promptly in step with changes in the investigative system and procedures and develop tailored strategies.
By operating up-to-date analytical equipment and programs, they work to secure legal evidence promptly and aim to bring matters to a close at an early stage.
Consultations are also available throughout the year, so if you require the assistance of an experienced attorney, please feel free to contact Daeryun Law.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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