CONTENTS
- 1. The Client Who Requested a Sex Offense Consultation
- - Levels of Punishment for an Indecent Act by Compulsion Explained by a Sex Offense Attorney
- - The Importance of a Settlement Explained by a Sex Offense Attorney
- 2. Assistance for the Client Who Received a Sex Offense Consultation
- - Sex Offense Attorney Proceeds With a Settlement With the Alleged Victim
- - Sex Offense Attorney Argues That the Client Is a First-Time Offender
- 3. Result of the Sex Offense Consultation: Successful Conclusion of the Suspension of Indictment Case for an Indecent Act by Compulsion
1. The Client Who Requested a Sex Offense Consultation
The client who requested a sex offense consultation was facing an investigation by the authorities on a charge of an indecent act by compulsion.
The client acknowledged the wrongdoing and wished to defend against punishment, including obtaining a suspension of indictment for the indecent act by compulsion.
An attorney at Daeryun Law Firm who has handled many sex offense cases explained that a settlement with the alleged victim serves as an important factor in the level of punishment, including whether an indictment is brought.
The client felt great trust in Daeryun Law Firm, which established a response strategy through a thorough consultation, and requested defense assistance.
Levels of Punishment for an Indecent Act by Compulsion Explained by a Sex Offense Attorney
A sex offense attorney will explain the offense of an indecent act by compulsion and its levels of punishment.
An indecent act by compulsion means, literally, the offense of committing an indecent act against another person's will.
For a 🔗indecent act by compulsion to be established, an indecent act must be committed against a person through assault or intimidation.
The Supreme Court set a new precedent holding that an indecent act by compulsion is established even by an act accompanied merely by physical force applied to the body, which relaxed the requirements for the offense.
This changed the previous precedent, which had held that an indecent act by compulsion is established only where there is assault or intimidation to a degree that makes resistance difficult for the alleged victim.
If an indecent act by compulsion is found, it is punishable by imprisonment for up to 10 years or a fine of up to 15 million won.
The Importance of a Settlement Explained by a Sex Offense Attorney
A settlement with the alleged victim can have an important effect on the resolution of the case and the level of punishment.
In an indecent act by compulsion as well, whether a settlement is reached with the alleged victim can be an important standard in determining whether an indictment is brought and the level of punishment.
In particular, if the alleged victim does not strongly want punishment, the likelihood that the case will be resolved amicably increases.
For the drafting of the settlement agreement and the negotiation of its terms, it is recommended to proceed with the help of an attorney so that the agreement can have legal effect.
2. Assistance for the Client Who Received a Sex Offense Consultation
We undertook defense assistance for the client who received a sex offense consultation.
Sex Offense Attorney Proceeds With a Settlement With the Alleged Victim
The client deeply regretted the wrongdoing, sincerely apologized to the alleged victim, and sought forgiveness.
Despite financially difficult circumstances, the client did everything possible to raise the settlement amount the alleged victim requested and, in the end, reached an amicable settlement with the alleged victim.
The sex offense attorney emphasized that, although monetary compensation cannot fully heal the alleged victim's wounds, the client had fulfilled the client's responsibility and made efforts toward the alleged victim's recovery.
Sex Offense Attorney Argues That the Client Is a First-Time Offender
The client had no prior criminal record of any kind before this case.
The sex offense attorney emphasized that the client was a first-time offender and requested leniency.
The attorney also emphasized that the client was making every effort to prevent reoffending by attending programs such as sex offense prevention education.
3. Result of the Sex Offense Consultation: Successful Conclusion of the Suspension of Indictment Case for an Indecent Act by Compulsion
As a result of the sex offense consultation, the client received a decision to suspend the indictment for the indecent act by compulsion and successfully concluded the case.
The client explained, “If the sex offense had been found, I could have been subject to security measures such as disclosure of my personal information, so I needed to defend against punishment as much as possible. Thanks to the attorney, I was able to receive a decision to suspend the indictment.”
According to statistics from the Korea Sexual Violence Relief Center, among the harm inquiries received by the center in 2023, an indecent act by compulsion was the highest at 37.4%.
As calls to strengthen punishment for the offense of an indecent act by compulsion have grown recently, courts are expected to impose strict punishment.
If you have been named as a perpetrator in connection with an indecent act by compulsion, you should respond by gathering evidence regarding the facts of the harm and the circumstances through a consultation with an attorney.
Daeryun Law Firm makes every effort to protect clients' rights by securing CCTV footage from the scene, accompanying clients to police questioning, and submitting defense counsel's written opinions at the investigation stage.
If you need a consultation regarding a sex offense in a situation such as the above, please receive an 🔗attorney recommendation at Daeryun Law Firm.
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.
