CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Firm
- 2. Statutes Relevant to the Case
- - Questions and Answers on Indecent Act by Compulsions
- 3. The Firm's Assistance
- - Argument ① First Offense
- - Argument ② Settlement
- - Argument ③ Letter of Apology
- 4. The Prosecution's Decision on the Firm's Arguments
- - If You Need the Firm's Help
1. The Client's Situation
The client came to the Incheon office and requested assistance, wishing to resolve an indecent act by compulsion case with the help of a firm holding substantial experience in such matters.
How the Client Came to the Firm
The client, who urgently requested assistance, presented the following account.
While intoxicated at a company dinner, the client forcibly committed an indecent act against the victim by holding the victim's hand and touching the victim's leg.
A few days later, while leaving work together with the victim, the client forcibly kissed the victim inside a taxi.
In addition, the client carried out a further indecent act by placing the victim's hand on the client's genitals.
A sex offense leaves severe trauma on the victim and causes serious social harm, so the courts treat such offenses with great seriousness.
🔗Indecent Act by Compulsion (Sexual Molestation) The client came to the Incheon firm to work with a firm experienced in such cases and to reduce the sentence as much as possible.
2. Statutes Relevant to the Case
An indecent act by compulsion refers to committing an indecent act after making the other person's resistance difficult through assault or intimidation.
The client was charged by the victim with an indecent act by compulsion. A person involved in an indecent act by compulsion may be punished under Article 298 of the Criminal Act.
▶ Article 298 of the Criminal Act (Indecent Act by Compulsion)
A person who commits an indecent act on another through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.
▶ Article 299 of the Criminal Act (Quasi-Rape, Quasi-Indecent Act by Compulsion)
A person who has sexual intercourse with or commits an indecent act on 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.
Questions and Answers on Indecent Act by Compulsions
Q. Attorney, what is employment restriction? A. Employment restriction for sex offenders refers to a system under which a person sentenced to a penalty or medical treatment and custody for a sex offense against a child or youth, or against an adult, is barred for a certain period from being employed by or operating institutions related to children and youth.
3. The Firm's Assistance
To conclude the case promptly, the firm developed a careful strategy and made the following arguments.
Argument ① First Offense
The client had lived as a diligent member of society with no prior convictions of the same kind or of any other kind.
The firm emphasized that the client was a first-time offender and was consistently attending education to prevent reoffending, so the risk of recidivism was very low.
Argument ② Settlement
The client conveyed an apology to the victim with a sincere sense of contrition and also paid compensation for the harm.
In this case, the two reached an amicable settlement, and the firm emphasized that the victim did not wish for the client to be punished.
Argument ③ Letter of Apology
The client fully admitted to the offense in this case and showed deep remorse.
The client regretted having caused the victim great harm by failing to restrain a momentary impulse.
The firm emphasized that the client had written letters of apology on several occasions, with a resolve never to repeat the same wrongdoing.
4. The Prosecution's Decision on the Firm's Arguments
Accepting the firm's arguments, the prosecution issued a decision of 'suspension of indictment.' The client expressed deep gratitude to the firm.
If You Need the Firm's Help
Daeryun Law Firm provides attorneys handling sex offense cases who offer close representation from consultation through investigation and trial.
🔗Sex Offense Attorney conducts a thorough consultation with the client to quickly grasp the case and prepare a systematic response.
Using state-of-the-art digital forensics equipment, the firm recovers deleted digital data and lawfully gathers evidence to respond strategically.
If you need the help of an attorney in a situation similar to the case above, you are welcome to contact the Incheon firm 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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