Bucheon Law Firm | Bucheon Attorney's Assistance Helped the Client Avoid a Custodial Sentence for an Indecent Act by Compulsion

At the company workshop, the client reached a state of blackout from excessive drinking.

However, the incident occurred at a gathering held after the company workshop ended.

The client committed an indecent act by compulsion by touching the body of a junior female employee (the victim) with whom the client had been on close terms.

The client committed indecent acts against parts of the victim's body, including her chest and thighs, on a total of four occasions.

According to the victim's statement, what began as light physical contact in the form of a casual arm around the shoulder gradually grew more serious, reaching the point of fondling parts of her body.

The other party also stated that, because the client was the chief executive of a company and the victim was an employee, the situation in which she could not actively refuse appeared to have aggravated the harm further.

Through these actions, the client caused the victim serious discomfort and humiliation.

The client was eventually charged with an indecent act by compulsion two days after the workshop ended.

Because the client had committed the offense in a state of blackout from excessive drinking, the client was not aware of having committed the indecent act until receiving contact from the police.

Alarmed by the news of being charged with a sex offense, the client immediately came to Daeryun's Bucheon office and held a consultation with an attorney regarding a response strategy for the sex offense.

The attorney explained that, if the client's guilt were established, the conduct would be charged as an indecent act by compulsion.

Article 298 of the Criminal Act (Indecent Act by Compulsion)

① Physical Contact

The most basic element of an indecent act by compulsion is physical contact with the victim.

This contact must occur against the victim's will and must have a sexual purpose.

② An Act Against the Victim's Will

There must be physical contact carried out without the victim's consent, and this includes cases in which the victim expressly refused or was unable to express any intent.

③ Intent

The offender must have had the intent to force sexual contact on the victim, and this applies where the offender intentionally deceives or pressures the victim to that end.

In particular, because the client was a company chief executive in a work relationship with the victim, the conduct may also fall under Article 303 of the Criminal Act (Sexual Intercourse by Abuse of Occupational Authority) and Article 10 of the Act on Special Cases concerning the Punishment of Sexual Crimes (Indecent Act by Abuse of Authority).

Because these offenses require the elements of authority or deceit, if the client used a position of occupational authority to exert coercive words and conduct on the victim while intoxicated, the conduct falls under these offenses.

Article 303 of the Criminal Act (Sexual Intercourse by Abuse of Occupational Authority)

Article 10 of the Act on Special Cases concerning the Punishment of Sexual Crimes (Indecent Act by Abuse of Authority)

The client admitted all of the conduct constituting the indecent act by compulsion, but explained that, if the client were to serve a custodial sentence, the company of which the client was the chief executive would face difficulties.

Because the client earnestly requested the Bucheon attorney to help avoid a custodial sentence at all costs, the attorney closely reviewed the client's situation and advised that the following methods would be favorable for sentencing.

First, Reaching a Settlement With the Victim

Reaching an amicable settlement with the assistance of the attorney is one of the most important factors in resolving sex offense cases such as an indecent act by compulsion.

In this regard, the client must sincerely apologize for the harm to the victim and demonstrate efforts to restore trust, and this serves as an important standard for receiving leniency in court as well.

Second, Voluntarily Completing a Sex Offense Prevention Program and Sexual Psychology Counseling

A review of the court's sentencing precedents suggests that significant weight is given to what efforts the client has made to prevent reoffending and to improve oneself.

For this reason, it is recommended to complete a sex offense prevention program with the assistance of the attorney and to demonstrate, through consistent sexual psychology counseling, an attitude of preventing reoffending on one's own.

Third, Asserting the Absence of Any Prior Record of the Same Type of Offense

If there is no prior record of the same type of offense and the defendant is a first-time offender, the likelihood of avoiding a custodial sentence increases. In this regard, with the assistance of the attorney, demonstrating an attitude of deeply showing remorse for one's wrongdoing can be helpful for sentencing.

The attorney asserted that the client was a first-time offender with no record of the same type of crime.

The client wrote more than 20 letters of apology and handwritten letters to the victim to demonstrate a willingness to show remorse, and, on the basis of letters of appeal from people around the client, secured assurance that the client would not reoffend.

To help restore the harm to the victim, who had been hurt and harmed because of the client, the client deposited 2 million won with an official depository.

In this way, the client sought to reach a sufficient settlement with the victim through a written apology and a deposit of money.