CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Suwon Law Office
- 2. The Laws Relevant to the Case, as Explained by the Suwon Law Office
- 3. The Suwon Law Office's Assistance
- - The Suwon Law Office's Argument ① No Indecent Act by Compulsion Occurred
- - The Suwon Law Office's Argument ② No Evidence
- 4. The Police's Decision on the Suwon Law Office's Argument
- - If You Need the Suwon Law Office's Help
1. The Client's Situation
The client sought a detailed consultation and a proposed solution from a law office with data on a variety of sex offense cases, and so came to the attorney.
How the Client Came to the Suwon Law Office
The story of the client and requested help is as follows.
The client became acquainted with a woman he first met through an open chat room and built a rapport with her through conversation.
A few days later, the client received a suggestion from the woman to come to a motel, which he accepted, and he headed to that location.
When he arrived at the motel, the woman made unreasonable demands, such as requesting money and asking him to present his identification, so the client refused and left the motel.
Afterward, while the client was going about his ordinary life, one day he received a contact from an investigative agency stating that an investigation was beginning for the 🔗indecent act by compulsion (sexual molestation).
The client, who had never committed an indecent act by compulsion against the woman, was very bewildered to be implicated in this case.
Wishing to entrust the case to a law office with expertise in handling a variety of sex offense cases and to resolve the matter quickly, he came to the attorney.
2. The Laws Relevant to the Case, as Explained by the Suwon Law Office
The client was booked on a charge of an indecent act by compulsion and requested help from the attorney.
An indecent act by compulsion is a crime of committing an indecent act against a person by assault or intimidation.
If this charge is recognized, a person may be punished under the following provision.
Indecent Act by Compulsion (Article 298 of the Criminal Act)
A person who commits an indecent act against another by assault or intimidation shall be punished by imprisonment of up to 10 years or a fine of up to 15 million won.
Relevant Precedent
An indecent act by compulsion includes not only cases in which an indecent act is committed after assault or intimidation has been applied to the other person so as to make resistance difficult, but also cases in which the act of violence itself is recognized as the indecent act. In the latter case, the assault need not be of a degree that suppresses the other person's will, and so long as there is an exercise of physical force against the other person's will, the magnitude or intensity of that force is immaterial.
Indecent Act by Compulsion and Quasi-Indecent Act by Compulsion
The most important difference between an indecent act by compulsion and a quasi-indecent act by compulsion is the "state of loss of mental capacity or inability to resist."
An indecent act by compulsion refers to the act of committing an indecent act against a person by assault or intimidation.
A quasi-indecent act by compulsion refers to the act of having sexual intercourse with or committing an indecent act against a person by taking advantage of that person's state of loss of mental capacity or inability to resist.
※ Loss of mental capacity: a state of being unable to express one's will due to anesthesia, sleep, fainting, or the like
※ Inability to resist: a state in which resistance is impossible for physical or psychological reasons
3. The Suwon Law Office's Assistance
The Suwon law office formed a task force of three to twenty members with a deep understanding of sex offense cases, analyzed the case, established a strategy suited to it, and responded actively.
The Suwon Law Office's Argument ① No Indecent Act by Compulsion Occurred
When the complainant made unreasonable demands, the client sensed something was wrong and immediately left the motel.
The complainant demanded money and asked the client to present his identification, but the client refused.
The law office emphasized that the complainant, angered by this, reported the client for an indecent act by compulsion in order to retaliate against him.
The Suwon Law Office's Argument ② No Evidence
In a situation where there is no objective evidence of the client's alleged offense, the charge is being presumed solely on the basis of the complainant's statement.
The client calmly explained the situation at the time exactly as it was during the police investigation.
The law office emphasized that, in order to prove his innocence, the client intended to undergo a polygraph examination.
4. The Police's Decision on the Suwon Law Office's Argument
The police accepted the Suwon law office's argument and ultimately issued a non-referral decision.
The client, who concluded the case quickly with the non-referral decision, conveyed deep gratitude to the attorney.
If You Need the Suwon Law Office's Help
If you have become involved in a sex offense case, rather than asserting only your sense of injustice, it is recommended to respond firmly from the early stages of the case to lower the sentence.
Retracting what has already been stated can complicate the case and place you in an unfavorable position, so it is recommended to resolve the case in a systematic manner.
Daeryun has 🔗sex offense attorneys who provide close representation from consultation through investigation and trial, actively assisting clients.
If you are facing difficulties in a situation similar to the case above, you may entrust your case through the sex offense attorney 🔗legal consultation booking.
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.
