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Deals & Cases

Indecent act by compulsion

[Suwon Attorney Consultation, Suspension of Indictment Case] After a Suwon Attorney Consultation, a Suspension of Indictment Obtained in a Military Indecent Act by Compulsion Case

This is a case in which a suspension of indictment was obtained in a military indecent act by compulsion case with legal assistance after a Suwon attorney consultation. The client, who sought a Suwon attorney's help, came for an attorney consultation before being investigated on suspicion of a military indecent act by compulsion.

CONTENTS
  • 1. The Client Who Came for a Suwon Attorney Consultation
    • - What Matters in a Suwon Attorney Consultation Is Understanding the Case
    • - The Military Criminal Act and the General Criminal Act Explained in a Suwon Attorney Consultation
  • 2. The Client Who Decided to Retain Daeryun After the Suwon Attorney Consultation
    • - The Outcome the Client Wanted in the Suwon Attorney Consultation
    • - The Settlement Representation Engagement Agreed in the Suwon Attorney Consultation
  • 3. The Result of the Suwon Attorney Consultation Was a Suspension of Indictment
    • - If You Are Looking Into a Suwon Attorney Consultation

1. The Client Who Came for a Suwon Attorney Consultation

The client who came for a Suwon attorney consultation requested a consultation with a Suwon military criminal attorney. This was because the client's case was a military indecent act by compulsion case.

Because the Military Criminal Act is treated even more strictly than the general Criminal Act, the client needed a specialized attorney consultation and assistance on this matter.

What Matters in a Suwon Attorney Consultation Is Understanding the Case

The most important thing in a Suwon attorney consultation is to understand the client's situation and to ensure that the legal consultation takes place with an attorney suited to the relevant specialized field.

The Daeryun Law Firm Suwon office set about understanding the client's case.

The client was an enlisted soldier, and while exercising at a fitness facility,

he was joking and spending time with the victim in a situation where colleagues were teasing one another over their exercise posture.

The victim was a junior soldier, and as a joke the client grabbed the victim's testicle area with his hand to tease him.

Not recognizing that this act constituted an indecent act by compulsion, the client later learned of the facts of the offense when the victim reported the harm to a superior.

Because both the client and the victim were soldiers, the Military Criminal Act applied,

so the client looked into a Suwon attorney consultation, came to the Daeryun Law Firm Suwon office, and requested to entrust the case to a Suwon military criminal attorney.

The Military Criminal Act and the General Criminal Act Explained in a Suwon Attorney Consultation

In a Suwon attorney consultation, the difference between the penalty provision for indecent act by compulsion under the general Criminal Act and the penalty provision for indecent act by compulsion under the Military Criminal Act is explained.

Under the Military Criminal Act, where a person subject to the Military Criminal Act1 commits an indecent act by compulsion against a person to whom the Military Criminal Act applies, the punishment is aggravated.

Therefore, in a case to which the Military Criminal Act applies, one should obtain detailed legal assistance through an attorney consultation.

Criminal Act, Article 298 (Indecent Act by Compulsion)

A person who commits an indecent act against another by violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

Military Criminal Act, Article 92-3 (Indecent Act by Compulsion)

A person who commits an indecent act by violence or intimidation against a person provided for in Article 1, paragraphs (1) through (3)1 shall be punished by imprisonment for a definite term of at least 1 year.


1) Persons subject to the Military Criminal Act: soldiers, civilian military employees, (non-)commissioned officer trainees, cadets, candidates and other students, and reservists serving after being called up, reserve forces, supplementary forces, wartime labor forces as soldiers

2. The Client Who Decided to Retain Daeryun After the Suwon Attorney Consultation

The client who decided to retain a Daeryun attorney after the Suwon attorney consultation entered into a retainer agreement with the Daeryun Law Firm Suwon office.

Satisfied with the legal consultation based on the experience of the Suwon office's military criminal attorney, the client wished to obtain a suspension of indictment, centered on representation in reaching a settlement.

The Outcome the Client Wanted in the Suwon Attorney Consultation

In the Suwon attorney consultation, the outcome the client wanted at the time of the consultation was a suspension of indictment, that is, a non-prosecution disposition.

If indicted, he would be subject to the Military Criminal Act, which has no fine, so he could not avoid not only a criminal disposition but also

an administrative disposition affecting his military status, and so the best disposition from the client's standpoint was a suspension of indictment.

The Suwon attorney recognized this and established a defense strategy so that the client could obtain the outcome he wanted.

A Suwon military criminal attorney and an attorney with extensive experience handling indictments collaborated to take exclusive charge of the case.

The Settlement Representation Engagement Agreed in the Suwon Attorney Consultation

Regarding the additional settlement representation engagement agreed in the Suwon attorney consultation, after discussion with the client, it was decided to proceed with a settlement at a reasonable amount.

Because the victim's leniency is an important mitigating sentencing factor for obtaining a non-prosecution disposition, the Suwon attorney handled this on the client's behalf.

At the Suwon attorney's recommendation, the victim's side, on conditions and a settlement amount that were not excessive, prepared a statement of no desire for punishment and a settlement agreement.

3. The Result of the Suwon Attorney Consultation Was a Suspension of Indictment

The Suwon attorney consultation concluded with the suspension of indictment that the client had wanted. The client was relieved and was very satisfied with the Suwon attorney consultation.

If You Are Looking Into a Suwon Attorney Consultation

If you are looking into a Suwon attorney consultation, please visit the Daeryun Law Firm Suwon office and receive an attorney consultation.

When punishment is aggravated based on status, a consultation with an attorney in the relevant specialized field is necessary.

At Daeryun Law Firm, an attorney in each specialized field conducts the consultation and takes exclusive charge of the case.

Seeking out an attorney, an administrative agent, and a military criminal attorney separately to resolve a case takes a long time.

Daeryun Law Firm provides a one-stop legal service with specialists in each field forming a single team, so if you are facing a case that spans multiple fields,

please visit Daeryun Law Firm.

[수원변호사상담] 수원변호사상담 후 군강제추행 기소유예 처분 받아내

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.

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