CONTENTS
- 1. The Client Who Sought a Chuncheon Attorney
- 2. The Alleged Facts Against the Chuncheon Attorney's Client
- - The Claims of the Chuncheon Attorney's Client's Wife
- 3. The Punishment the Chuncheon Attorney's Client Could Face
- 4. The Chuncheon Attorney's Defense of the Client
- - The Chuncheon Attorney's Client Denied All of the Alleged Facts in This Case
- - The Chuncheon Attorney's Client's Wife Filed a False Complaint in Order to Avoid Disadvantage
- - The Chuncheon Attorney's Client: Coercion Could Not Be Established
- 5. The Chuncheon Attorney's Client: "No Referral"
1. The Client Who Sought a Chuncheon Attorney
The client who came to the Chuncheon attorney stated that he had been the subject of a criminal complaint filed by his wife, and he explained that he was facing an allegation of inviting another man and forcing his wife to have sexual relations.
2. The Alleged Facts Against the Chuncheon Attorney's Client
The alleged facts against the Chuncheon attorney's client were that the client invited another man to his home and forced his wife to have sexual relations, that on another day he invited another man to a hotel and once again forced his wife to have sexual relations, and that thereafter he forced her to have sexual relations on several further occasions.
The Claims of the Chuncheon Attorney's Client's Wife
The wife of the Chuncheon attorney's client filed a criminal complaint against the client, arguing as follows.
Beginning a few months earlier, the client had demanded a unilateral divorce from his wife, stating without any valid reason that he wished to end the marriage. Fearing the breakup of the family, the wife was pleading with the client to reconsider the divorce. In the course of this, she stated that the client told his wife that if she showed him her having sexual relations with another man in front of him, he would confirm their love and their relationship would improve. Thereafter the client, without his wife's consent, invited another man and forced her to have sexual relations with a man of unknown identity. The wife had sexual relations under the client's coercion, and the client impressed upon her that if she did not want a divorce she had to engage in these relations. |
The wife of the Chuncheon attorney's client stated that the same incidents continued to recur and that, unable to endure them any longer, she came to file the criminal complaint in this matter.
3. The Punishment the Chuncheon Attorney's Client Could Face
Criminal Act (Penal Code) Article 324 (🔗Coercion) (1) A person who, by means of violence or intimidation, obstructs another's exercise of a right or compels another to perform an act which the person has no obligation to perform shall be punished by imprisonment for not more than five years or a fine not exceeding thirty million won.
The wife of the Chuncheon attorney's client was under no obligation whatsoever to have sexual relations with a man of unknown identity, and because the client had forced sexual relations by means of intimidation, the client faced the prospect of coercion under the Criminal Act, punishable by imprisonment for not more than five years or a fine not exceeding thirty million won.
4. The Chuncheon Attorney's Defense of the Client
The Chuncheon attorney provided a defense and assistance in the client's matter from the prosecution stage.
The Chuncheon Attorney's Client Denied All of the Alleged Facts in This Case
The Chuncheon attorney's client denies all of the alleged facts in this matter.
In every instance, the client obtained his wife's consent before inviting the other man, and there was no fact whatsoever of violence or intimidation.
The wife merely consented after the client said that inviting another man seemed to be his sexual preference and that he wished to try it, and there is no fact that he said their relationship would improve if she showed him her having sexual relations with another man.
The Chuncheon Attorney's Client's Wife Filed a False Complaint in Order to Avoid Disadvantage
The Chuncheon attorney's client had heard a rumor that his wife had an affair partner but had not believed it, and a few months later, in the early morning, he personally witnessed his wife and the affair partner wearing only their underwear.
Despite having committed the adultery, the wife brazenly stated that she could not pay damages for emotional distress and that she would show him hell, and she suddenly filed the criminal complaint in this matter.
It is believed that the client's wife did not want a divorce from the client but, having been caught committing adultery, filed the criminal complaint in order to avoid a disadvantage in the future divorce process.
The Chuncheon Attorney's Client: Coercion Could Not Be Established
The Supreme Court describes coercion, the alleged offense against the Chuncheon attorney's client, as the crime of, by means of violence or intimidation, obstructing another's exercise of a right or compelling another to perform an act which the person has no obligation to perform.
The client's wife is an adult woman who is capable of normal reasoning and judgment.
Even if she subjectively agreed to sexual relations with the invited man in order not to divorce the client, this was done through a judgment reached in the wife's own decision-making process, and insofar as it was not the result of the client's violence or intimidation, it cannot be regarded as coercion under the Criminal Act.
5. The Chuncheon Attorney's Client: "No Referral"
Having heard the defense of the Chuncheon attorney's client, the prosecution issued a decision of no suspicion of crime and no-referral (police) regarding the client.
This was a matter in which he could easily have been branded as a person who had forced his wife into sexual relations with another man and had been punished, but, working together with the 🔗Chuncheon attorney, he was able to clear himself of the false accusation.
If you find yourself in an unjust situation like that of the client, please visit Chuncheon Daeryun LLC.
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