CONTENTS
- 1. Client Who Received the Mokpo Attorney Recommendation
- 2. Assistance for the Client Who Received the Mokpo Attorney Recommendation
- - Mokpo Indecent Act Attorney Strategy 1. Arguing That an Indecent Act by Abuse of Authority Was Established
- - Mokpo Indecent Act Attorney Strategy 2. Arguing the Egregious Nature of the Accused's Conduct
- 3. Client Who Received the Mokpo Attorney Recommendation Succeeds in Having the Accused Punished
1. Client Who Received the Mokpo Attorney Recommendation
The client who received the Mokpo attorney recommendation wished to have representation in filing a complaint regarding harm from an indecent act by abuse of authority.
In order to request representation in filing the complaint, the client received an attorney recommendation in Mokpo and requested help from the Daeryun Mokpo attorney.
Circumstances of the Client's Case as Identified by the Mokpo Attorney
The client who received the Mokpo attorney recommendation came to apply after seeing a help-wanted advertisement for a part-time job.
The accused, who was the employer of the shop, committed an indecent act against the client on the pretext of hiring.
Unable to bear the distress, the client resolved to file a complaint and requested help from the Mokpo attorney.
Indecent Act by Abuse of Authority, Explained by the Mokpo Attorney
The crime of an indecent act by abuse of authority is an offense committed when a person carries out an indecent act, through deceptive means or force, against a person under his or her protection or supervision by reason of work, employment, or another relationship.
If this charge is established, the offender may be punished by imprisonment for not more than three years or a fine not exceeding 15 million won.
For this crime to be established, there must be a protective or supervisory relationship arising from work, employment, or another relationship, the exercise of deceptive means or force, and an indecent act.
2. Assistance for the Client Who Received the Mokpo Attorney Recommendation
The attorney undertook representation in filing the complaint for the client who received the Mokpo attorney recommendation.
Mokpo Indecent Act Attorney Strategy 1. Arguing That an Indecent Act by Abuse of Authority Was Established
On the pretext of hiring, the accused committed an indecent act by touching the client's chest and other areas.
Relying on Supreme Court precedent, the Mokpo attorney argued that the accused's commission of an indecent act by exploiting his position of holding hiring authority fell within the scope set by the punishment provision concerning an indecent act by abuse of authority. (See Supreme Court Decision 74Do1519, February 10, 1976, and Supreme Court Decision 2001Do4085, October 30, 2001.)
The Mokpo attorney also emphasized that, as for "force," which is a requirement for this crime to be established, whether an indecent act was committed by force must be judged by comprehensively considering various circumstances, including the content and degree of the physical force exercised, the type of the actor's position or authority, the victim's age, the relationship between the actor and the victim, how the act came about, the specific manner of the act, and the circumstances at the time of the offense.
Mokpo Indecent Act Attorney Strategy 2. Arguing the Egregious Nature of the Accused's Conduct
The Mokpo attorney argued that the accused had committed the indecent act by exploiting the client's situation of having difficulty making a living, and that this was highly egregious.
The accused knew that the client was raising two young children alone and was desperate for a job to support herself, and he exploited this to commit the indecent act.
The Mokpo attorney called for severe punishment, arguing that even at the time of the offense the client had been unable to resist properly for fear of upsetting the accused and had to endure the humiliating conduct.
3. Client Who Received the Mokpo Attorney Recommendation Succeeds in Having the Accused Punished
As a result of Daeryun's assistance for the client who received the Mokpo attorney recommendation, the accused was convicted.
The court convicted the accused, holding that "a person within the scope of one's influence in the hiring process may also be found to have been subjected to an indecent act by force."
For an indecent act by abuse of authority to be established, whether the conduct amounts to force or deceptive means is the key issue.
Obtaining advice through an attorney's legal review and then responding to the case is recommended.
In addition, if you file a complaint over harm such as that suffered by the client, you will need to make statements or give testimony about the case.
If you receive an attorney recommendation and file the complaint together with an attorney, you can receive assistance when appearing before an investigative agency or the court.
If you are looking for an attorney recommendation in Mokpo for a situation such as the above, please reach out to Daeryun Law Firm's 🔗Mokpo attorney.
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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