CONTENTS
- 1. The client who came on a Gunsan attorney recommendation
- - The circumstances of the case of the client who came on a Gunsan attorney recommendation
- 2. Assistance for the client who came on a Gunsan attorney recommendation
- - Gunsan attorney recommendation strategy 1. Arguing the credibility of the statement
- - Gunsan attorney recommendation strategy 2. Arguing that the touch occurred because of the game
- - Gunsan attorney recommendation strategy 3. Statements from the client's friends
- 3. The client who came on a Gunsan attorney recommendation succeeded in obtaining a no-prosecution decision
1. The client who came on a Gunsan attorney recommendation
The client, who received a referral to a Gunsan attorney, was facing a prosecutorial investigation on charges of an indecent act by compulsion.
The client wished to obtain an attorney's assistance in responding to the unjust charges.
The Gunsan attorney undertook to respond to the client's investigation.
The circumstances of the case of the client who came on a Gunsan attorney recommendation
The client, who resides in Gunsan, is a second-year high school student who was suddenly accused of 🔗forcible indecent act (sexual molestation) by a fellow student with whom he had usually been on close terms.
The complainant claims that the client, without consent, put his hand inside her pants and touched her buttocks, and touched her chest, committing an indecent act.
The client argues that no such thing ever happened and requested help from a Gunsan attorney.
Indecent act by compulsion explained by a Gunsan attorney
Forcible indecent act refers to committing, against another person's will, an indecent act capable of causing sexual humiliation through means such as assault or intimidation.
In the past, a forcible indecent act required the involvement of conduct such as assault or intimidation, but precedent has emerged holding that committing an indecent act against the other person's will also constitutes a forcible indecent act, so any sexual molestation against a person's will may be regarded as a forcible indecent act.
Under the Criminal Act, a forcible indecent act may be punishable by imprisonment for up to 10 years or a fine of up to 15 million won.
2. Assistance for the client who came on a Gunsan attorney recommendation
The attorney undertook to assist the client who sought a Gunsan attorney in clearing his name.
Gunsan attorney recommendation strategy 1. Arguing the credibility of the statement
As a defense strategy for the client who sought a Gunsan attorney, the attorney pointed to the lack of credibility in the statements.
The complainant has reversed her account of the location and the nature of the alleged indecent act.
The complainant was confused about the date and time of the visit to the room cafe, and she reversed her statements, first stating that her genitals had been touched and then stating that her breasts and buttocks had been touched.
The Gunsan attorney argued that the complainant had reversed her statements and raised doubts about their credibility.
Gunsan attorney recommendation strategy 2. Arguing that the touch occurred because of the game
It is true that the client, who came through a Gunsan attorney referral, went to a room cafe together with the complainant.
However, they did not go alone but visited together with six friends.
In addition, the client and the complainant were not close at all, and the day of the incident was the first time they spent time together.
In fact, the client had not even saved the complainant's phone number, and they had never exchanged messages on any other social media platform either.
It is true that there was physical contact while playing a game with friends at that room cafe in order to carry out a penalty.
However, it was a game conducted in a setting where all the friends were present together, and the contact was by no means against anyone's consent.
The client, who came through a Gunsan attorney referral, argued that all of the friends present participated in the game together, and that the complainant also took part in the game with enjoyment.
Gunsan attorney recommendation strategy 3. Statements from the client's friends
The attorney submitted, as evidence, the statements of the friends who accompanied the client who sought a Gunsan attorney to the room cafe.
The friends stated that they had never seen the client commit any indecent act against the complainant.
They said that the only time the client and the complainant had been alone together was when the other friends went out to the lobby to get snacks, and that even then it was a very brief period of time.
3. The client who came on a Gunsan attorney recommendation succeeded in obtaining a no-prosecution decision
The client who sought a Gunsan attorney was able to conclude the case with a no prosecution decision on the relevant charge of indecent act by compulsion.
In sexual offense cases such as indecent act by compulsion, the most important factor is the victim's statement.
There are cases in which a person is punished on the basis of the victim's consistent statement alone, even without clear evidence.
If, like the client in the case above, you have been unjustly caught up in a charge of indecent act by compulsion, you must gather evidence and statements in order to clear the charge.
Daeryun Law Firm provides close, thorough defense by an attorney at each stage of a case, from consultation to the preparation of written submissions and oral argument at trial.
If you are looking for an attorney in the Gunsan area, please contact the Daeryun Law Firm 🔗Gunsan law firm.
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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