CONTENTS
- 1. The Client Who Received a Daejeon Attorney Recommendation
- - The Statutes Relevant to the Case of the Client Who Received a Daejeon Attorney Recommendation
- 2. The Assistance Provided for the Client Who Received a Daejeon Attorney Recommendation
- - Daejeon Attorney Recommendation Strategy 1. Arguing That the Sexual Relations Were Consensual
- - Daejeon Attorney Recommendation Strategy 2. Arguing That the Wife's Statement Lacked Credibility
- 3. The Client Who Received a Daejeon Attorney Recommendation Successfully Obtained a No-Prosecution Decision
1. The Client Who Received a Daejeon Attorney Recommendation
The client, who received a recommendation for a Daejeon attorney, was in a situation in which he had been accused by his wife of quasi-rape and indecent act by compulsion.
The client felt deeply aggrieved and asserted that this was a malicious accusation by his wife, with whom he was in divorce litigation.
Through a thorough consultation with the client, the Daejeon attorney gathered evidence to rebut the wife's claims.
The Statutes Relevant to the Case of the Client Who Received a Daejeon Attorney Recommendation
The charges the client faced were quasi-rape and 🔗indecent act by compulsion.
Quasi-rape refers to a crime established by engaging in sexual intercourse or an indecent act by taking advantage of a person in a state of mental or physical incapacity or inability to resist.
Unlike 🔗rape, it does not involve a violent element such as assault or intimidation. However, because it exploits a victim who is in a state of inability to resist or mental or physical incapacity, it is regarded as a crime similar to rape.
As with rape, no fine applies, and it is a crime for which imprisonment for a definite term of at least 3 years may be imposed.
Indecent act by compulsion refers to committing an indecent act against a person through assault or intimidation.
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.
2. The Assistance Provided for the Client Who Received a Daejeon Attorney Recommendation
For the client, who received a recommendation for a Daejeon attorney, Daeryun established evidence to rebut the wife's claims.
Daejeon Attorney Recommendation Strategy 1. Arguing That the Sexual Relations Were Consensual
The client stated that his wife had not been in a state of inability to resist and that the sexual relations had been consensual.
The Supreme Court does recognize rape between spouses, but takes the view that the matter must be judged carefully by taking into account all circumstances, including whether the nature and degree of the assault or intimidation reached a level that essentially infringed upon the wife's right to sexual self-determination, the circumstances under which the husband exercised physical force, the form of the marital life and the spouses' usual sexual conduct, and the situation at the time of intercourse and thereafter (Supreme Court, May 16, 2013, 2012Do14788).
On the day in question as alleged by the wife, the client and his wife enjoyed a meal out and stayed at a nearby lodging.
After the sexual relations, the client and his wife also took a selfie together.
If the wife had been in a state of inability to resist or had not consented to the sexual relations, she would not have engaged in conduct such as taking a selfie afterward.
On the basis of this evidence, the Daejeon attorney rebutted the wife's claims.
Daejeon Attorney Recommendation Strategy 2. Arguing That the Wife's Statement Lacked Credibility
The client asserted that, while pursuing divorce litigation, his wife had filed a malicious accusation.
In fact, the client and his wife continued to have sexual relations even after the divorce mediation was successfully established.
On the basis of these circumstances, the Daejeon attorney argued that it was difficult to assess the sexual conduct between the two as having infringed upon the wife's right to sexual self-determination.
In the course of the divorce, the wife was demanding an excessive division of marital property, and her feelings toward the client were very hostile.
In addition, the wife was unable to provide statements regarding the specific time and conduct of the alleged indecent act by compulsion.
The Daejeon attorney emphasized that, with respect to the alleged facts of quasi-rape and indecent act by compulsion, the wife's statement was the only evidence, that this statement was difficult to credit, and that there was no other evidence to support the allegations, so a no-referral decision should be made pursuant to Article 325 of the Criminal Procedure Act.
3. The Client Who Received a Daejeon Attorney Recommendation Successfully Obtained a No-Prosecution Decision
The client, who came to Daeryun upon a recommendation for a Daejeon attorney, was able to establish his innocence and receive a decision of no prosecution.
As social attitudes have recently called for stern punishment of perpetrators of sexual offenses, heavier sentences are being imposed.
For this reason, if you have been wrongfully implicated, you should gather the accurate facts and relevant evidence as quickly as possible.
Because it is difficult for a layperson to gather evidence or make legal assessments, it is best to prepare with the assistance of an attorney experienced in sexual offense cases.
If you have been wrongfully implicated in a sexual offense under circumstances such as those described above and are looking for an attorney, please visit the Daejeon office of Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
