CONTENTS
- 1. The Client Who Sought a Uijeongbu Sexual Assault Attorney
- 2. The Sexual Assault Charge Examined by the Uijeongbu Sexual Assault Attorney
- 3. The Defense the Uijeongbu Sexual Assault Attorney Undertook for the Client
- - Sexual Assault Attorney: "The Victim's Statement Lacks Credibility"
- - Sexual Assault Attorney: "The Victim Demanded a Settlement Payment Before Reporting"
- 4. The Disposition Obtained by the Uijeongbu Sexual Assault Attorney
1. The Client Who Sought a Uijeongbu Sexual Assault Attorney
This is the account of the client who sought a Uijeongbu sexual assault attorney.
The client explained that she was charged with sexual assault, and the account the attorney reviewed was as follows.
The client got to know a woman through an introduction by a friend, and they exchanged messages through social media before meeting.
The client and the woman went to a so-called room bar and talked alone in a quiet atmosphere.
The conversation went well, and as they drank, both became caught up in the mood and engaged in physical contact, including kissing.
The woman first suggested to the client that they go to a motel and spend the night together, and the client agreed.
After going to the motel and washing up, they had sexual intercourse once, and the woman wanted to have intercourse again, but the client declined, saying it would be difficult because of being drunk, and fell asleep.
The next day, the client and the woman left the motel together, and the client walked her to the front of her home.
A few days later, the friend who had introduced the woman to the client called and asked whether the client liked her, and out of embarrassment the client repeatedly said no.
The woman was apparently beside that friend, and over the phone she hurled insults, saying, "You don't like me? I am going to report you."
The client later did receive a call from the police, who said an investigation was necessary on a charge of sexual assault and requested the client's attendance.
The client, both bewildered and fearful that punishment might be imposed, sought a Uijeongbu sexual assault attorney.
2. The Sexual Assault Charge Examined by the Uijeongbu Sexual Assault Attorney
The client was charged with 🔗Sexual Assault.
Sexual assault refers to all sexual acts of violence against another person's will, and generally carries the meaning of rape, quasi-rape, and the like.
If a sexual assault charge is established, one may be punished under the Criminal Act with imprisonment for a definite term of three years or more.
3. The Defense the Uijeongbu Sexual Assault Attorney Undertook for the Client
The Uijeongbu sexual assault attorney submitted a defense counsel's opinion at the police investigation stage of the client's case, arguing the following.
Sexual Assault Attorney: "The Victim's Statement Lacks Credibility"
The complainant who reported the client explained that the client had sexually assaulted her.
However, according to the CCTV footage from the room bar and the motel on the day of the incident, which was obtained through cooperation with the examination of evidence and digital forensics group, the complainant left the room bar arm in arm with the client.
In addition, the complainant entered the motel ahead of the client and the client followed behind her, and the next morning the complainant left the motel leaning on the client.
On this basis, the attorney argued that the complainant's statement lacked credibility.
Sexual Assault Attorney: "The Victim Demanded a Settlement Payment Before Reporting"
The complainant who reported the client had been eavesdropping on a phone call between the client and a friend, then began hurling insults and separately contacted the client to demand a settlement payment.
The complainant pressed the client and demanded that he hand over a settlement payment, and when he did not comply, she filed this report.
On this basis, the attorney argued that if the complainant had in fact been sexually assaulted, she would not have wanted to contact the perpetrator at all, yet she reached out first and pressed only for a settlement payment rather than asking for an apology, so the charge of sexual assault should not be applied to the client.
4. The Disposition Obtained by the Uijeongbu Sexual Assault Attorney
After hearing the attorney's arguments, the police issued a non-referral decision for the client.
This meant that the charge of sexual assault did not apply to the client.
Because of the complainant who reported him maliciously, the client had faced the risk of imprisonment of three years or more for sexual assault, with no option of a fine and no statutory maximum.
However, with the attorney's assistance, the client was able to escape this risk and conclude the case at the police stage with a non-referral decision.
If you are in a situation similar to that of the client in this case and need 🔗an attorney, please feel free to request a consultation at any time.
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.
