CONTENTS
- 1. The Attorney's Description of the Case
- - How the Client Became Implicated in the Sex Crime
- - The Level of Punishment for an Indecent Act by Compulsion Among Sex Crimes
- 2. The Attorney's Defense
- - The Attorney's Assistance ① | Whether There Was Objective Evidence
- - The Attorney's Assistance ② | A's Conduct
- 3. The Client Who Obtained a 'Non-Referral' With the Attorney's Help
- - Charges of an Indecent Act by Compulsion Require a Response Together With an Attorney
1. The Attorney's Description of the Case
The client, who consulted with the attorney, visited the Daejeon office after being implicated in a sex crime when an acquaintance he had known for some time filed a complaint accusing him of an indecent act by compulsion.
How the Client Became Implicated in the Sex Crime
This is the account of the client who requested the attorney's assistance.
The client visited a restaurant in Daejeon to have lunch with acquaintances.
While they were eating, A claimed that the client had committed an indecent act by compulsion against her about five times.
The client rebutted this, saying that such conduct could not have occurred because he was with other acquaintances at the time.
However, A filed a sex crime complaint against the client on charges of an indecent act by compulsion, and the client was therefore facing investigation of the sex crime case.
To prove his innocence in the sex crime case, the client urgently came to the attorney and requested assistance.
The Level of Punishment for an Indecent Act by Compulsion Among Sex Crimes
In the case of an indecent act by compulsion among sex crimes, a person may be punished by imprisonment for up to 10 years or a fine of up to 15 million won, and disclosure of personal information as well as additional security measures for sex crimes may also be imposed.
Therefore, before the police investigation into an indecent act by compulsion, it is recommended to obtain the help of an attorney to grasp the situation in detail and to examine whether there are factors that may secure the most lenient treatment possible and whether there is supporting evidence.
▶ Criminal Act Article 298 (Indecent Act by Compulsion)
▶ Criminal Act Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)
▷ Article 300 (Attempts)
An attempt to commit any of the crimes under Articles 297, 297-2, 298, and 299 shall be punished.
2. The Attorney's Defense
To prove the client's innocence, the attorney collaborated with an attorney who had extensive experience in sex crime cases.
The Attorney's Assistance ① | Whether There Was Objective Evidence
The attorney emphasized that the client's sex crime charge was presumed based solely on A's statement, and that no objective evidence existed to prove the client's alleged offense in this case.
The Attorney's Assistance ② | A's Conduct
At the time this case occurred, the client and an acquaintance of A were having a meal together.
The attorney emphasized that if the indecent act by compulsion claimed by A had taken place, she could readily have asked for help or left the scene, but that she made no such attempt.
3. The Client Who Obtained a 'Non-Referral' With the Attorney's Help
The police accepted the attorney's arguments and issued a non-referral decision, stating, “There is no suspicion due to insufficient evidence.”
Charges of an Indecent Act by Compulsion Require a Response Together With an Attorney
In this case, the client, who was reported on 🔗an indecent act by compulsion charges, received a non-referral decision with the attorney's assistance and successfully avoided punishment.
If you are implicated in a sex crime case, you may receive an actual custodial sentence, so obtaining the assistance of an attorney can be helpful.
At Daeryun Law Firm, attorneys who have handled many 🔗case studies related to an indecent act by compulsion take on cases and provide each client with tailored assistance from the police investigation through trial.
If you are facing difficulties in a situation similar to this case, you are welcome to entrust your case to an 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.
