CONTENTS
- 1. The client who was referred to a Chuncheon attorney
- 2. Assistance for the client who was referred to a Chuncheon attorney
- - Chuncheon attorney referral, strategy 1: arguing that it was an expression of affection
- - Chuncheon attorney referral, strategy 2: arguing that the client deeply reflected on and regretted the conduct
- - Chuncheon attorney referral, strategy 3: arguing the client's ordinarily exemplary conduct
- 3. The client who was referred to a Chuncheon attorney successfully protected against an immediate custodial sentence
1. The client who was referred to a Chuncheon attorney
The client who came to the Chuncheon attorney was at risk of criminal punishment for committing a forcible indecent act against a female coworker.
The client requested help in avoiding an actual custodial sentence.
Indecent act by compulsion explained by the Chuncheon attorney
The crime of forcible indecent act is established when a person is subjected to an indecent act through assault or intimidation.
A forcible indecent act refers to any act that objectively arouses feelings of sexual shame or disgust in an ordinary person.
If a forcible indecent act is established, the offender is subject under the Criminal Act to imprisonment for up to ten years or a fine of up to 15 million won.
If the forcible indecent act is committed against a person with a disability or a minor, the punishment is more severe.
2. Assistance for the client who was referred to a Chuncheon attorney
The firm proceeded to defend the client who received a Chuncheon attorney referral against punishment.
Chuncheon attorney referral, strategy 1: arguing that it was an expression of affection
The client who was referred to a Chuncheon attorney had developed strong feelings for the victim.
On the day of the incident, the intoxicated client, unable to restrain his feelings for the victim, ended up engaging in excessive physical contact.
The client had consistently expressed his feelings to the victim, sending text messages, gifts, and the like.
Because the victim had never given a clear refusal on those occasions, the client had always wondered about the victim's feelings toward him.
On the day of the incident, the intoxicated client said to the victim, ‘I wonder how you feel about me,’ and, overcome by his feelings, ended up hugging the victim, stroking the victim's back, and kissing the victim on the cheek.
The Chuncheon attorney argued that the client, while intoxicated, had merely expressed excessive affection and had no intent to commit sexual molestation.
Chuncheon attorney referral, strategy 2: arguing that the client deeply reflected on and regretted the conduct
The Chuncheon attorney argued that the client deeply regretted and was remorseful for having committed the act in question because he could not control his feelings.
The day after the incident, the client sent the victim a message containing an apology and sincerely expressed his remorse.
Chuncheon attorney referral, strategy 3: arguing the client's ordinarily exemplary conduct
The client who was referred to a Chuncheon attorney was a person trusted by colleagues and respected by subordinates.
Before this case, the client had no criminal record and no history of police investigation.
In addition, the client was a highly exemplary citizen who had consistently engaged in volunteer activities, such as volunteering with abandoned dogs on days off.
The Chuncheon attorney argued the client's exemplary conduct and requested that excessive punishment be avoided.
3. The client who was referred to a Chuncheon attorney successfully protected against an immediate custodial sentence
The client who was referred to a Chuncheon attorney received a suspended sentence and succeeded in avoiding an actual custodial sentence.
According to consultation statistics from the Korea Sexual Violence Relief Center, as of 2023, consultations regarding indecent act by compulsion were found to be the most frequent.
As social awareness grows, punishment for indecent act by compulsion is also expected to become stronger.
If you are seeking a referral to an attorney in Chuncheon for a situation such as the above, please visit the Daeryun Law Firm 🔗Chuncheon Attorney Office.
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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