CONTENTS
- 1. What Led the Client to the Gwangju Indecent Act by Compulsion Attorney?
- - The Circumstances of the Indecent Act by Compulsion Case
- 2. What Is the Crime of Indecent Act by Compulsion, as Explained by the Gwangju Attorney?
- - What Is the Sentence for Indecent Act by Compulsion?
- 3. Three Points in the Gwangju Indecent Act by Compulsion Attorney's Defense
- - The Client's Attitude of Remorse
- - A Diligent Member of Society
- - Reaching a Settlement With the Victim
- 4. Gwangju Indecent Act by Compulsion Attorney Defense Result, "a Fine"
- - If You Are Suspected of an Indecent Act by Compulsion?
1. What Led the Client to the Gwangju Indecent Act by Compulsion Attorney?
The client, a self-employed business owner, was sued after committing an indecent act against a part-time worker who was the victim. The client requested assistance from the indecent act by compulsion attorney at the Gwangju office. The attorney formed a task force for the client and established a strategy.
The Circumstances of the Indecent Act by Compulsion Case
The client posted a notice on a part-time job site seeking a part-time worker to promote a blog, and he met the victim, who applied as a part-time worker.
The client called the victim to his residence and explained how to promote the blog.
While explaining this, he said he would give her a massage and rubbed the victim's arms and legs.
The victim refused, saying, "Please do not touch areas such as my buttocks."
Even though she expressed this refusal, the client rubbed inner areas such as her thighs and her buttocks, thus committing an indecent act against the victim.
Ultimately, the client, who was sued for an indecent act by compulsion, requested assistance from the attorney in order to avoid a custodial sentence.
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2. What Is the Crime of Indecent Act by Compulsion, as Explained by the Gwangju Attorney?
As with the client, if a person rubs another person's body while saying he will give a massage, the crime of indecent act by compulsion may be established.
We will look at examples of the situations in which the crime of indecent act by compulsion may be established.
▶ Examples If Indecent Act by Compulsion Is Established
2. A person whispers in a bar while trying to embrace a woman seated next to him
3. A person grabs the buttocks of an unfamiliar woman on the street
4. A person touches the genitals of a minor of the same sex in a bathhouse
5. A person slaps an employee's buttocks with the palm of his hand at a convenience store
All of the above are examples in which indecent act by compulsion was punished, and the crime of indecent act by compulsion is established if a person commits an indecent act against another person's will that causes sexual shame or revulsion.
What Is the Sentence for Indecent Act by Compulsion?
If the crime of indecent act by compulsion is established, it is punished under the Criminal Act, and the level of punishment is as follows.
▶ Article 298 of the Criminal Act (Indecent Act by Compulsion)
A person who commits an indecent act against another by violence or intimidation may be punished by imprisonment for not more than ten 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, by taking advantage of another's condition of unconsciousness or inability to resist, has sexual intercourse with or commits an indecent act against that person is governed by the provisions of Articles 297, 297-2, and 298.
▶ Article 297 of the Criminal Act
| Article 297 of the Criminal Act (Rape) | Imprisonment for a definite term of not less than three years |
| Article 297-2 of the Criminal Act (Imitative Rape) | Imprisonment for a definite term of not less than two years |
3. Three Points in the Gwangju Indecent Act by Compulsion Attorney's Defense
After conducting a thorough consultation with the client at the Gwangju office, the attorney made the following arguments.
The Client's Attitude of Remorse
The client fully admits his offense and is deeply remorseful.
The attorney emphasized that, in order never to commit the same offense again, the client is completing education related to sexual offenses and making efforts to prevent reoffending, and that he is showing regret and remorse for having caused the victim irreparable harm.
A Diligent Member of Society
Before the incident, the client had worked hard to support his family's livelihood.
The attorney also emphasized that the client engaged in community service and social contribution activities and had endeavored to contribute to society, and that he was a diligent member of society.
Reaching a Settlement With the Victim
The client conveyed a sincere apology to the victim along with a sum of money for the recovery of the harm.
The attorney emphasized that, in response, the victim forgave the client and, expressing the intention not to seek punishment, prepared a statement declaring that she did not wish him to be punished.
4. Gwangju Indecent Act by Compulsion Attorney Defense Result, "a Fine"
The court, accepting the attorney's arguments, ultimately imposed a "minor fine."
If You Are Suspected of an Indecent Act by Compulsion?
The client who requested assistance was able to conclude the case with a fine on the indecent act by compulsion charge.
The Gwangju attorneys derive customized solutions for clients through in-person meetings and real-time video conferences with attorneys stationed across all regions.
If you are involved in an indecent act by compulsion charge, you may request assistance from a 🔗Gwangju attorney 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.
