Pyeongtaek sex crimes attorney | Defending a client charged with an indecent act by abuse of authority through a no prosecution

The client was an educational public official working in a school's administrative office, and the person who reported the client was a staff member working in the same administrative office.

Because the client was in a position of managing and supervising the victim, he often had to instruct her on matters related to the work.

The client, who had long felt an attraction to the victim, allegedly touched the victim's waist, shoulders, and the like in a casual manner while conversing with her.

However, the victim reported the client to the police for an indecent act by abuse of authority, and the client was ultimately referred to the prosecution.

The client fully admitted the offense but requested Daeryun's assistance, stating that he was deeply remorseful for his wrongdoing.

The client had committed an indecent act within the workplace, and because he was the victim's supervisor, the charge of an indecent act by abuse of authority was applied.

Act on Special Cases concerning the Punishment of Sexual Crimes Article 10 (Indecent Act by Abuse of Authority, etc.)

① A person who, by deceit or force, commits an indecent act against a person under his or her protection or supervision by reason of business, employment, or any other relationship shall be punished by imprisonment with labor for not more than three years or a fine not exceeding fifteen million won.

② A person who, while guarding a person detained under the law, commits an indecent act against that person shall be punished by imprisonment with labor for not more than five years or a fine not exceeding twenty million won.

Criminal Act Article 303 (Sexual Intercourse by Abuse of Authority, etc.)

① A person who, by deceit or force, has sexual intercourse with a person under his or her protection or supervision by reason of business, employment, or any other relationship shall be punished by imprisonment with labor for not more than seven years or a fine not exceeding thirty million won.

② A person who, while guarding a person detained under the law, has sexual intercourse with that person shall be punished by imprisonment with labor for not more than ten years.

The client who came to the Pyeongtaek sex crimes attorney admitted all of the offense and expressed sincere remorse.

The attorney argued that the client deeply regretted having engaged in improper physical contact at the workplace without adequately considering the position of the victim, who was a coworker, and firmly resolved never to repeat the same mistake.

The client who came to the Pyeongtaek sex crimes attorney had worked alone with the victim in the same space, frequently exchanging work-related questions and explanations and building a rapport, and there were many instances of physical contact in the course of explaining exercise, a shared interest.

The attorney argued that although the client had initially told the victim “please tell me if it upsets you,” the victim showed no objection at all, which is why the contact continued, and that the duration of the contact and the degree of the indecent act could hardly be regarded as serious.

The client who came to the Pyeongtaek sex crimes attorney was an educational public official who, over more than 10 years of service, had never once caused any disgraceful incident or received any disciplinary action, and had served exemplarily, including receiving two commendations.

The attorney requested a lenient disposition in light of these circumstances.

An indecent act by abuse of authority constitutes a violation of the Act on Special Cases concerning the Punishment of Sexual Crimes and may be punishable by imprisonment for up to 3 years or a fine of up to 15 million won, so it is advisable to seek the assistance of a specialist attorney as soon as the relevant charge arises.

If, like the client in the above case, you need a consultation regarding a sex crime in the Pyeongtaek area, please visit the Daeryun Law Firm Pyeongtaek attorney office, which has handled numerous related cases.