CONTENTS
- 1. Anyang Attorney | The Facts of the Case
- - Anyang Attorney | Encountering the Victim on a Crowded Bus
- - Anyang Attorney | The Attempted Indecent Act Against the Victim
- 2. Anyang Attorney | Statutes Relevant to the Case
- - Anyang Attorney | What Is an Indecent Act by Compulsion?
- - Anyang Attorney | What Is Arrest in the Act?
- 3. Anyang Attorney | The Assistance Provided
- - Anyang Attorney | That the Offense Was Spontaneous
- - Anyang Attorney | That the Client Persistently Attempted to Reach a Settlement With the Victim
- - Anyang Attorney | That the Client Was a First-Time Offender
- 4. Anyang Attorney | Result of the Assistance: The Client Was Sentenced to a Minor Fine
1. Anyang Attorney | The Facts of the Case
The client was a student enrolled at a university in Seoul.
The client explained that, unable to control a momentary urge, he had committed an indecent act by compulsion against the victim on a bus and had been arrested in the act.
In response, the attorney provided dedicated assistance so that the client would not serve a custodial sentence.
Anyang Attorney | Encountering the Victim on a Crowded Bus
The client was on his way home after all of his classes had finished.
He explained that the bus was very crowded at the time, as it was the hour when both office workers and students were leaving work and school.
Because there were so many people, the client and the victim unintentionally came into close bodily contact.
Anyang Attorney | The Attempted Indecent Act Against the Victim
The client explained that at first, when his body came into contact with the victim's, he pulled his hips back as far as possible, but because of the unusual environment of a swaying bus, the contact continued.
In the end, unable to control a momentary urge, the client engaged in conduct such as continuously pressing and rubbing parts of his body against the victim's buttocks and thighs.
At first, judging that the victim was not aware of this, the client continued the rubbing, but he stopped the indecent conduct when the victim showed signs of discomfort.
The client was then arrested in the act by the police following the victim's report.
2. Anyang Attorney | Statutes Relevant to the Case
The attorney conveyed that the client had requested assistance after being arrested in the act for committing an indecent act by compulsion against a female student.
Anyang Attorney | What Is an Indecent Act by Compulsion?
The attorney explained an indecent act by compulsion as follows.
Attorney, on what legal basis may the client's indecent act by compulsion be punished?
Attorney: Yes, the client may be punished for indecent conduct in a crowded place under Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes. This provides that a person who commits an indecent act against another person on public transportation, at a performance or assembly venue, or in any other place where the public gathers is punishable by imprisonment for not more than three years or a fine of not more than 30 million won.
Attorney, in a case of an indecent act by compulsion committed on public transportation, what points are important at trial?
Attorney: Yes, a settlement with the victim is the most important factor. In a case such as the client's, where the indecent conduct occurred on public transportation, evidence is often insufficient, so it is not easy for either the victim or the suspect to establish guilt or innocence. Because the determination ultimately relies on the victim's statement or considers complex circumstances such as the statements of nearby witnesses, it is recommended to seek the victim's forgiveness and reach a settlement as far as possible.
Anyang Attorney | What Is Arrest in the Act?
The attorney conveyed that, as soon as the client got off the bus, he was arrested in the act by the police following the victim's report.
What exactly is the arrest in the act that the client underwent?
Under Articles 211 and 212 of the Criminal Procedure Act, a person who is committing or has just committed a crime is referred to as an offender caught in the act, and anyone may arrest an offender caught in the act without a warrant.
A person who falls under any of the following is deemed an offender caught in the act.
2. When the person is in possession of stolen goods or of a weapon or other article sufficient to be recognized as having been used in the crime
3. When there are conspicuous traces on the person's body or clothing that may serve as evidence
4. When the person attempts to flee upon being asked who they are
In such cases, anyone may arrest an offender caught in the act, and when a private individual has made the arrest, the offender must be handed over immediately to a judicial police officer or a prosecutor.
In addition, where the person making the arrest is a private individual, the Miranda warning need not be given at the time of arresting the offender caught in the act.
After a person has been caught as an offender in the act, the prosecutor or judicial police officer must request a detention warrant from the court within 48 hours (an ex post facto warrant request), and if the court does not issue a detention warrant, the investigative agency must release the person immediately.
Because arrest in the act is a procedure that can forcibly take a person into custody and detain them, there must not be even a single defect in the procedure, and because an arrest in which a defect is found is an unlawful arrest, the offender caught in the act must be released immediately by order of the court.
Given the nature of an offender caught in the act, it is difficult to arrest the person again in the act, so there is the feature that a prior arrest warrant must be obtained in order to carry out a re-arrest.
3. Anyang Attorney | The Assistance Provided
The attorney provided dedicated assistance through the following arguments so that the client would not receive a custodial sentence.
Anyang Attorney | That the Offense Was Spontaneous
The client, unable to control a momentary urge, attempted the indecent conduct spontaneously.
The attorney explained that this was not a planned crime, since many people were packed closely together inside the bus and the client had unintentionally come into close bodily contact with the victim.
In addition, the attorney emphasized that after spontaneously attempting the indecent conduct, the client stopped immediately when the victim showed signs of discomfort, so the indecent conduct lasted less than about four minutes.
Anyang Attorney | That the Client Persistently Attempted to Reach a Settlement With the Victim
From the moment the client was caught as an offender in the act and taken to the police station until the moment the trial was underway, the client sent the victim more than 30 letters of apology and handwritten letters conveying his contrition.
The attorney argued that this showed the client was deeply remorseful for what he had done to the victim and had made continuous efforts to reach an amicable settlement with the victim.
Anyang Attorney | That the Client Was a First-Time Offender
The client was still a university student and new to society.
The attorney emphasized that the client had no record of the same type of crime and was a first-time offender who had not committed any other offense.
4. Anyang Attorney | Result of the Assistance: The Client Was Sentenced to a Minor Fine
As a result of the attorney's assistance, the client was sentenced to a minor fine and was able to avoid a custodial sentence.
Although no settlement was ultimately reached with the victim, the court considered the matter comprehensively and imposed a fine, taking into account that the client had continuously made efforts toward a settlement, that he was a first-time offender, and that the manner of the indecent conduct was minor.
The client explained to the attorney that he felt deeply sorry, as though he had given the victim an experience that could not be erased, and that he would continue to make efforts toward the victim's recovery going forward.
If you have been booked for an indecent act by compulsion arising from a spontaneous offense, as in the client's case, you can contact an 🔗Anyang Attorney and 🔗Schedule a Legal Consultation to resolve your case.
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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