A Suncheon Attorney Consultation Case | Through a Suncheon Attorney Consultation, a Client Charged With an Indecent Act by Compulsion Had the Matter Concluded at the Police Investigation Stage

🔗Indecent act by compulsion refers to committing an indecent act against a person through violence or intimidation.

One point to note, however, is that the Supreme Court has recently relaxed the standard for determining the crime of indecent act by compulsion, thereby broadening the scope of punishment.

Whereas earlier Supreme Court precedents set the standard for recognizing violence or intimidation as a degree that made it difficult for the other party to resist, the Court recently held that, so long as there is conduct rising to the level recognized as the offense of assault or intimidation under the general Criminal Act, violence or intimidation is also deemed to exist for the crime of indecent act by compulsion.

Under the Criminal Act, the crime of indecent act by compulsion is punishable by imprisonment for up to 10 years or a fine of up to 15 million won.

The sentence is determined according to the degree of the indecent act, the extent of the harm suffered by the victim, whether the victim wishes for punishment, and whether the offense was committed on impulse.

Through the Suncheon attorney consultation, Daeryun argued that this was not an indecent act by compulsion but rather conduct that was consented to by the complainant.

Through the Suncheon attorney consultation, Daeryun submitted as evidence a text message from the complainant reading, "I wanted to stay over, so why did you tell me to go home?"

If the client had committed an indecent act by force on the day of the incident, the complainant could not have sent a text message with such content.

Daeryun's Suncheon attorney emphasized that, inferring from the text message, it could not be concluded that an indecent act by compulsion had occurred.

Through the Suncheon attorney consultation, Daeryun determined that the complainant had ordinarily liked the client and had wanted the relationship to develop into a romantic one.

Even after the day of the incident, the complainant continued to send messages with content such as, "Are you not going to date me? You will regret it."

The Suncheon attorney argued that, when the client did not accept her confession of feelings, the complainant filed a false report out of retaliation.

Through a consultation with a Suncheon attorney, Daeryun argued that the complainant's statements lacked credibility.

The complainant repeatedly changed their account of the alleged indecent act.

The Daeryun Suncheon attorney pointed out that the complainant's allegation of indecent act by compulsion rested solely on their statement, and that even this statement had been reversed several times, which cast doubt on its credibility.

In cases of indecent act by compulsion, guilt or innocence is determined largely on the basis of the victim's statement because of the nature of the offense. Therefore, when a person is wrongfully implicated, the most important step is to identify inconsistencies in the victim's statement and to gather evidence that can be substantiated with objective materials.

For this reason, responding through a consultation with an experienced attorney from the early stages of the investigation is the most prudent approach.

Daeryun LLC provides tailored assistance at each procedural stage of a case, with an attorney involved from the consultation stage onward.

If you are seeking an 🔗attorney consultation for a situation such as the one above, please reach out to the 🔗Suncheon office of Daeryun LLC.