CONTENTS
- 1. The Client's Situation
- - The Client Who Requested Assistance
- - The Statutes Relevant to the Case
- 2. The Attorney's Assistance
- - The Attorney's Argument ① | The Marital Relationship
- - The Attorney's Argument ② | Use of Violence
- - The Attorney's Argument ③ | The Victim's Wish Not to Punish
- 3. The Result of the Attorney's Assistance: "Non-Disposition"
1. The Client's Situation
The client, who held a consultation with the attorney, visited the Changwon office to defend against punishment after being charged by his wife with a forcible indecent act.
The Client Who Requested Assistance
This is the account of the client who requested the attorney's assistance.
The client was in the middle of divorce litigation arising from differences in personality with his wife.
After work, the client drank alcohol, and after returning home heavily intoxicated, he entered the room where his wife was sleeping.
He then committed an indecent act by removing his wife's clothing and touching her body.
Ultimately charged by his wife, the client faced trial and requested the attorney's assistance to defend against punishment.
The Statutes Relevant to the Case
A forcible indecent act is a crime committed when a person, against the other party's will, commits an indecent act by force.
This is punishable under Article 298 of the Criminal Act, and the level of punishment is as follows.
A person who commits an indecent act against another by violence or intimidation may be punished by imprisonment for not more than 10 years or a fine of not more than 15 million won.
If the indecent act is committed by taking advantage of a state of sleep or intoxication, the charge of quasi-indecent act by compulsion applies.
This is punishable under Article 299 of the Criminal Act, and the level of punishment is as follows.
A person who has sexual intercourse with or commits an indecent act against another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.
2. The Attorney's Assistance
The attorney held a thorough consultation with the client and carefully reviewed the facts of the case.
Working together with attorneys experienced in sex offense cases, the attorney developed a systematic strategy and made the following arguments.
The Attorney's Argument ① | The Marital Relationship
Even though the client and the victim were in the middle of divorce litigation, it had not yet concluded, and the client did not wish to divorce.
The attorney also argued that, although the couple were using separate rooms, they did so only to avoid provoking the victim, and not on the premise of divorce.
The Attorney's Argument ② | Use of Violence
Although the client did commit an indecent act against the victim's will, he made a mistake because, heavily intoxicated, he momentarily failed to recognize that divorce litigation was ongoing.
The attorney also argued that no violence whatsoever was used in the course of the act, and that the client stopped immediately when the victim objected.
The Attorney's Argument ③ | The Victim's Wish Not to Punish
The attorney argued that the victim, too, was well aware of the state of mind and condition in which the intoxicated client had committed the act, and that she had expressed her wish that the client not be punished.
3. The Result of the Attorney's Assistance: "Non-Disposition"
Accepting the attorney's arguments, the court decided not to impose a protective disposition on the actor.
① Where, as a result of adjudicating a domestic protection case, any of the following applies, a judge shall decide not to impose a disposition.
1. If it is found that a protective disposition cannot be imposed or is unnecessary
2. Where, in light of the nature, motive, and result of the case and the conduct and habits of the domestic violence offender, it is found inappropriate to handle the matter as a domestic protection case
If You Are Facing a Forcible Indecent Act Charge
If a forcible indecent act charge is established, an actual custodial sentence may be imposed, so it can be advantageous to receive an attorney's assistance.
At Daeryun Law Firm, attorneys with an average of more than 10 years of experience step in directly from the investigation stage through to resolution, making every effort to help matters proceed favorably for the client.
If you wish to reduce the punishment in a situation like the one in this case, please feel free to request the attorney's assistance 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.
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