CONTENTS
- 1. The Client Who Visited the Chuncheon Attorney Office
- - Indecent Act by Compulsion and Assault as Explained by the Chuncheon Attorney Office
- 2. The Chuncheon Attorney Office's Assistance to Defend the Client Against Punishment
- - The Chuncheon Attorney Office Argues That a Settlement Was Reached With the Victim
- - The Chuncheon Attorney Office Argues That the Client Is Sincerely Showing Remorse
- 3. Result of the Chuncheon Attorney Office's Assistance, the Case Concluded With a Suspension of Indictment
1. The Client Who Visited the Chuncheon Attorney Office
The client was facing a prosecutorial investigation on charges of an indecent act by compulsion and assault.
The client had been heavily intoxicated on the day of the incident and had no recollection of the alleged conduct.
The client wished for the matter to be concluded quickly without proceeding to trial.
The Chuncheon attorney closely examined the circumstances of the case and devised a strategy of reaching a settlement with the victim in order to conclude the matter quickly.
Indecent Act by Compulsion and Assault as Explained by the Chuncheon Attorney Office
Under the Criminal Act, an 🔗indecent act by compulsion refers to making physical contact with another person against that person's will by means of assault or intimidation.
If a charge of an indecent act by compulsion is established, it is punishable by imprisonment for up to 10 years or a fine of up to 15 million won.
If the other party is a child, a youth, or a person with a disability, heavier punishment may be imposed.
In the past, an indecent act by compulsion required conduct such as assault or intimidation, but a recent Supreme Court decision recognized an indecent act as an indecent act by compulsion even when committed against the other person's will, so that any indecent act committed against the other person's will may now be recognized as an indecent act by compulsion.
🔗Assault is an offense committed through the exercise of physical force against a person's body.
Assault may be recognized even without physical contact such as striking.
In Supreme Court decisions, acts such as repeatedly hurling abuse or verbal threats, or approaching a victim and shouting abuse while brandishing or throwing hands, feet, or objects as if about to strike, have also been recognized as assault.
If assault is established, it may be punishable by imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine.
Because assault is a crime not punishable against the victim's will, for which a prosecution cannot be brought against the victim's express wishes, a settlement with the victim is more important than anything else.
2. The Chuncheon Attorney Office's Assistance to Defend the Client Against Punishment
The Chuncheon attorney office worked to reach a settlement with the victim in order to defend the client against punishment.
This is because, since assault is a crime not punishable against the victim's will, a decision of no right to prosecute may be obtained if a settlement is reached with the victim.
For the charge of an indecent act by compulsion as well, a settlement with the victim is an important factor in mitigation.
The Chuncheon Attorney Office Argues That a Settlement Was Reached With the Victim
The Chuncheon attorney filed for criminal conciliation so that the client could obtain the victim's forgiveness.
The Chuncheon attorney negotiated and adjusted the amounts that the victim and the client had in mind, and arrived at a reasonable amount.
With the assistance of the Chuncheon attorney office, the victim accepted the client's apology and agreed to a settlement.
The Chuncheon Attorney Office Argues That the Client Is Sincerely Showing Remorse
The Chuncheon attorney office emphasized that the client keenly felt the wrongfulness of his conduct and was deeply remorseful.
The Chuncheon attorney emphasized that the client, who was over 60 years old, had no prior criminal record before this case, and argued that it would be unjust for the client to receive excessive punishment for a single momentary mistake.
3. Result of the Chuncheon Attorney Office's Assistance, the Case Concluded With a Suspension of Indictment
As a result of the Chuncheon attorney office's assistance, the client received a decision of suspension of indictment, and the matter was successfully concluded.
On the assault charge, a decision of no right to prosecute was obtained through a settlement with the victim, and on the charge of an indecent act by compulsion, a decision of suspension of indictment was obtained on the condition of completing education to prevent sexual violence reoffending.
If you are involved in charges such as assault or an indecent act by compulsion, like the client in this case, a settlement with the victim is more important than anything else.
This is because courts often take into account whether a settlement has been reached with the victim in sentencing.
If you wish to reach a settlement with the victim, it can be helpful to receive the assistance of an attorney to propose reasonable settlement terms and to bring about a settlement by fully considering the victim's position.
To resolve clients' cases quickly, Daeryun Law Firm responds as one team of 3 to 20 attorneys.
Based on a litigation database built from a total of 141,850 consultations over the past four years as of 2024, Daeryun Law Firm's task force quickly develops a response method suited to each client's situation.
If you are seeking a 🔗attorney recommendation within the city of Chuncheon in a situation like the one above, please visit the Daeryun Law Firm 🔗Chuncheon attorney office.
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.
