CONTENTS
- 1. First-Time Quasi-Indecent Act by Compulsion | The Circumstances of the Case
- - The Client's Account
- 2. Quasi-Indecent Act by Compulsion, First Offense | Relevant Statutes
- 3. Quasi-Indecent Act by Compulsion, First Offense | Assistance Provided
- - Indecent Act by Compulsion Defense ① No Intent
- - Indecent Act by Compulsion Defense ② An Open Environment
- - Indecent Act by Compulsion Defense ③ First Offense
- 4. Quasi-Indecent Act by Compulsion, First Offense | Result of Assistance
- - If You Are Involved in Indecent Act by Compulsion
1. First-Time Quasi-Indecent Act by Compulsion | The Circumstances of the Case
The client, who was charged with a quasi-indecent act by compulsion as a first-time offender, had made physical contact in an effort to encourage an employee, was then reported to the police for a quasi-indecent act by compulsion, was investigated, and had been referred to the prosecution.
He requested help from an attorney in order to defend against punishment as much as possible.
The Client's Account
The client is the representative running a small business.
The client explained that, seeing one employee's performance and results continue to be poor, he held a meeting one day to encourage the employee.
However, without particularly reprimanding the employee, he conveyed words of encouragement to the effect of working harder together and, with the same meaning, patted the employee on the back with his hand.
At the time, the employee reportedly showed no particular reaction and left.
However, the employee resigned not long afterward and reportedly demanded an excessive severance payment.
When the client refused, saying the severance payment was excessive, the employee suddenly reported the earlier patting of the back to the police as a quasi-indecent act by compulsion.
At a loss, the client requested assistance from an attorney in order to resolve the matter with legal help.
2. Quasi-Indecent Act by Compulsion, First Offense | Relevant Statutes
The charge against the client, quasi-indecent act by compulsion, is a type of sexual offense punishable under the Act on Special Cases concerning the Punishment of Sexual Crimes.
This is an offense committed when a person, by taking advantage of another's state of mental or physical weakness or inability to resist, performs an act that causes sexual humiliation.
Quasi-indecent act by compulsion differs from 🔗indecent act by compulsion in that it can be committed without the exercise of physical force such as violence or intimidation.
Instead, the offense is committed where the victim was in a state of inability to resist, such as being heavily intoxicated or asleep, and this point should be kept in mind.
Because the word “quasi” precedes the name of the offense, one might mistakenly assume the punishment is lighter, but the same level of punishment applies as for indecent act by compulsion, so caution is required.
In addition, if the victim is connected to the offender in a work relationship and the exercise of authority arising from that relationship is established, the conduct may constitute an indecent act by abuse of authority.
Type | Level of Punishment |
Indecent Act by Compulsion | Imprisonment for up to 10 years or a fine of up to 15 million won |
Quasi-Indecent Act by Compulsion | Imprisonment for up to 10 years or a fine of up to 15 million won |
Indecent Act by Abuse of Authority | Imprisonment for up to 3 years or a fine of up to 15 million won |
In addition, if this offense is committed against a relative, a person with a disability, or a child or youth, aggravated punishment applies in the same way, and a much heavier penalty may be imposed, so caution is required.
Beyond criminal punishment, additional administrative measures may also be imposed, such as registration and disclosure of personal information for 20 years, employment restrictions, the wearing of an electronic monitoring device, and an order to attend sexual education.
For this reason, if you are involved in this matter, consulting an attorney with the relevant knowledge to clearly identify the related issues and respond appropriately can be helpful.
3. Quasi-Indecent Act by Compulsion, First Offense | Assistance Provided
After conducting a detailed interview with the client and identifying the circumstances of the case in detail, the attorney presented a defense as set out below to prevent an unjust punishment from being imposed.
Indecent Act by Compulsion Defense ① No Intent
At the time, the client made physical contact with the intent of giving a work-related encouragement to the employee, with no other intention.
In fact, the client had also patted the shoulder, waist, or back of other employees during interviews, and those employees stated that they had not felt any discomfort.
The attorney emphasized that the client did not engage in this conduct with the intent of causing sexual humiliation.
Indecent Act by Compulsion Defense ② An Open Environment
The client's office, where the victim claimed to have been subjected to an indecent act, always had its door open, with other employees frequently passing through the hallway directly in front of it, and it was a place equipped with CCTV.
The attorney argued, presenting circumstantial grounds, that it would be difficult to commit an indecent act with criminal intent in such an open environment.
Indecent Act by Compulsion Defense ③ First Offense
The client was a law-abiding citizen with no prior record of any criminal punishment, let alone a sexual offense.
The attorney argued that, although the client had unintentionally caused harm to the victim, the court should take into account that the client had no prior criminal record.
4. Quasi-Indecent Act by Compulsion, First Offense | Result of Assistance
Accepting the attorney's argument, the prosecution issued a decision of non-prosecution, suspending the client's indictment.
If You Are Involved in Indecent Act by Compulsion
If you are facing a charge of indecent act by compulsion or quasi-indecent act by compulsion, you should be aware that whether the offense is committed may vary depending on factors such as the presence of intent, the degree of harm, remorse and settlement, and the available evidence.
In particular, this type of sexual offense can be committed on the basis of the victim's consistent statement alone, so without proper collection of evidence and a legal response, a heavy punishment may be imposed.
At Daeryun Law Firm, there are attorneys who provide tailored solutions based on extensive experience in sexual offenses, including indecent act by compulsion.
If you are concerned about a related matter, we recommend seeking assistance through a 🔗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.
