Reduction of the Sentence for Indecent Act by Compulsion | A Sex Crimes Attorney Obtaining a Reduction to a Fine for a Client Charged With an Indecent Act by Compulsion

This is the account of the client who inquired about the sentence for an indecent act by compulsion and requested representation.

The client had been indicted on a charge of an indecent act by compulsion.

The client explained that he had been drunk at the time and did not remember well, and requested the maximum possible defense against punishment.

In response, the sex crimes attorney at Daeryun assisted the client, who was worried about the sentence for an indecent act by compulsion.

Under the Criminal Act, 🔗the crime of an indecent act by compulsion refers to physical contact with another person against that person's will, carried out by means of assault or intimidation.

Here, an indecent act means any tangible or intangible conduct capable of causing sexual humiliation to the other person.

If the charge of an indecent act by compulsion is established, the offender may be punished by imprisonment for up to 10 years or a fine of up to 15 million won.

If the other person is a child, a youth, or a person with a disability, the offender may face heavier punishment.

In the past, an indecent act by compulsion required an accompanying act such as assault or intimidation, but a recent Supreme Court decision recognized an indecent act by compulsion even where the act was committed merely against the other person's will.

As a result, any sexual molestation against another person's will may now be recognized as an indecent act by compulsion, and particular care should be taken to avoid becoming involved.

-Decision holding that the "assault or intimidation" in the crime of an indecent act by compulsion need not be so strong as to make resistance difficult

The defendant was prosecuted on the charge of suddenly making contact with part of the victim's body in an elevator at the moment the victim was trying to close the door. In this case, the victim stated that she suffered psychological shock even though there was no strong assault or intimidation.

The court held that the crime of an indecent act by compulsion is committed even by a simple exercise of physical force against the other person's will, rather than by an assault or intimidation strong enough to make resistance difficult. (Supreme Court Decision 2019Do15994)


-Decision recognizing an indecent act by compulsion even without physical contact

The defendant did not actually make contact with the victim's body, but threatened the victim with a knife and other means in an elevator and showed the victim his act of masturbation.

The court held that the crime of an indecent act by compulsion was established. (Supreme Court, February 25, 2010, Decision 2009Do13176)

The attorney argued that the client had sincerely apologized to the victim and had paid a settlement amount to remedy the harm.

The victim, in turn, accepted the client's apology and prepared a statement of no desire for punishment, indicating that the victim did not wish for the client to be punished.

The attorney argued that the client had lived as a good citizen without any history of incidents or accidents and had no prior record of similar offenses.

The attorney argued that it would be unjust for the client to receive excessive punishment for a single, momentary mistake.

As of 2022, 15,864 cases of an indecent act by compulsion occurred, an increase of 1,902 cases, or 13.6 percent, from the previous year.

In addition, in 2023 the proportion of male victims of an indecent act by compulsion was 10.9 percent, showing a gradual upward trend since 2021.

Female victims accounted for 89.1 percent, a figure that has repeatedly risen and fallen over the past five years.

As the proportion of male victims of the crime of an indecent act by compulsion has increased, the victim base is spreading to a more diverse range of people and is not confined to a particular gender.

Alongside this trend, as social awareness of the crime of an indecent act by compulsion has changed, calls to strengthen victim protection and offender punishment are steadily growing.

In this situation, if you become involved in the crime of an indecent act by compulsion, receiving help from an attorney from the early stages of the case and mounting a thorough defense can be helpful.

Daeryun Law Firm organizes a team of a lead attorney handling the case together with a supporting attorney & specialist group, achieving far greater efficiency than handling a case alone.

If you are concerned about the sentence for an indecent act by compulsion in a situation such as the above, you may obtain an 🔗attorney referral from Daeryun Law Firm.