CONTENTS
- 1. Tongyeong Attorney | Circumstances of the Case
- - Tongyeong Attorney | The Incident with a Passing Woman
- - Tongyeong Attorney | Reported on a Charge of Indecent Act by Compulsion
- 2. Tongyeong Attorney | What Is the Crime of Indecent Act by Compulsion?
- - Tongyeong Attorney | Statutory Provisions on Indecent Act by Compulsion
- - Tongyeong Attorney | Elements of the Crime of Indecent Act by Compulsion
- - Tongyeong Attorney | Argument of Diminished Capacity Due to Alcohol
- - Tongyeong Attorney | Efforts to Prevent Reoffending
- - Tongyeong Attorney | Remorse and Apology
- 3. Tongyeong Attorney | Client Sentenced to a Modest Fine
1. Tongyeong Attorney | Circumstances of the Case
The client had dinner and drinks with a coworker at a restaurant in downtown Tongyeong.
Afterward, while moving with the coworker to a second venue, the incident occurred on the sidewalk in front of a bar.
Tongyeong Attorney | The Incident with a Passing Woman
The client encountered a passing woman on the sidewalk in front of the bar.
While intoxicated, the client was charged with touching the buttocks of the woman (the victim) by brushing against and groping them two or three times.
At the time, a friend who was with the victim took issue with this and confronted the client, but the client explained that he seemed to have brushed against and bumped into her.
However, after continued questioning by the victim and the victim's friend, he admitted to the offense because he wanted to bring the matter to a quick close, and a report was filed with the police.
Tongyeong Attorney | Reported on a Charge of Indecent Act by Compulsion
The client insisted several times that he had no intention of committing an indecent act by compulsion against the victim and that it was a misunderstanding, but the victim and the victim's friend kept telling him to stop lying and pressed him.
The client, intoxicated and acting out of frustration, admitted to his criminal conduct, but explained that he could not clearly remember his actions that day because he was drunk.
He explained that, after the incident, he tried to contact the victim several times, but she did not answer, so he was unable to apologize even though he wanted to.
In the end, the client asked the attorney to help him convey a sincere apology to the victim and to bring the matter to a prompt and proper close.
2. Tongyeong Attorney | What Is the Crime of Indecent Act by Compulsion?
The attorney explained that an indecent act by compulsion is treated as a serious offense.
An indecent act by compulsion refers to forcibly touching or molesting another person's body against that person's will, and it is an offense punishable under Article 298 of the Criminal Act.
It is generally regarded as an act that infringes the victim's right to sexual self-determination, and where the perpetrator's intent and compulsion against the victim's will are recognized, it is punishable.
Tongyeong Attorney | Statutory Provisions on Indecent Act by Compulsion
The attorney explained the indecent act by compulsion as follows.
An indecent act refers to an act, carried out as a means of arousing or satisfying sexual desire, that gravely offends the ordinary sense of sexual shame. Regardless of the age or sex of those involved, the act must be carried out with the sexual intent of stimulating, arousing, or satisfying the perpetrator's sexual desire.
The crime of indecent act by compulsion is punishable under Article 298 of the Criminal Act.
Criminal Act Article 298
Tongyeong Attorney | Elements of the Crime of Indecent Act by Compulsion
The elements of the crime of indecent act by compulsion that the attorney explains are as follows.
🔗The elements of indecent act by compulsion are as follows.
The most basic element of indecent act by compulsion is physical contact with the victim.
This contact must be against the victim's will and must have a sexual purpose.
② An act against the victim's will
There must be an act of physical contact carried out without the victim's consent, including cases where the victim explicitly refused or was unable to express his or her will.
③ Intent
The perpetrator must have the intent to force sexual contact on the victim, which covers cases where the perpetrator intentionally deceives or pressures the victim to that end.
In particular, the crime of indecent act by compulsion is defined to punish attempts as well.
According to a Supreme Court precedent (2015Do6980), where a person tried to embrace the victim from behind and, when the victim turned around and shouted, stared for a few seconds and then walked away, the person was likewise punished for an attempted indecent act by compulsion.
Tongyeong Attorney | Argument of Diminished Capacity Due to Alcohol
The client stated that he was intoxicated at the time of the incident and that his memory was not clear.
The attorney argued that the client was in a state of diminished capacity due to alcohol and emphasized that the indecent act by compulsion was a spontaneous act with no premeditated intent.
Tongyeong Attorney | Efforts to Prevent Reoffending
The client explained that, after the incident, he completed sex crime prevention education and received psychological counseling, making concrete efforts to prevent reoffending.
He also conveyed that he had sent the victim more than five letters of apology, consistently expressing the content of his apology to the victim.
Tongyeong Attorney | Remorse and Apology
The client deeply showed remorse for his wrongdoing and sincerely apologized to the victim.
The client argued that, after the incident, he stopped drinking and kept an abstinence journal, demonstrating an attitude of taking responsibility for his conduct.
3. Tongyeong Attorney | Client Sentenced to a Modest Fine
The attorney submitted the client's letters of apology and certificate of completion of sex crime prevention education as evidence, demonstrating a low likelihood of reoffending.
The attorney worked together with the client toward a settlement with the victim.
By respecting the victim's feelings, conveying a sincere apology, and promising compensation, they sought to change the victim's mind, but no settlement was reached.
The attorney emphasized that these efforts themselves were an important factor showing the client's sincerity.
In the end, the court took into account that the client showed remorse for the matter and made efforts to prevent reoffending, and that, although no settlement was reached with the victim, the client had earnestly worked toward one.
The court also considered that the client had no prior convictions for the same type of offense and was a first-time offender, and imposed a fine of 3 million won.
With the attorney's assistance, the client was able to receive a relatively modest fine and, taking this case as an occasion, to continue his social life with a more mature attitude.
If, like this case, you face the risk of an actual sentence on a charge of indecent act by compulsion, 🔗Tongyeong Law Firm for a 🔗legal consultation booking.
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