CONTENTS
- 1. Seongnam Attorney | Background of the Case
- - Timeline of the Case
- - Booked on a Charge of Indecent Act by Compulsion
- 2. Seongnam Attorney | Case Review
- - Issues in Dispute
- - Review of the Relevant Legal Principles
- 3. Seongnam Attorney | Details of the Assistance
- 4. Seongnam Attorney | Concluding the Case with a Suspended Sentence
1. Seongnam Attorney | Background of the Case
The client who came to the Seongnam attorney already had a record of receiving a fine for an indecent act by compulsion five years earlier.
On this occasion as well, unable to control the impulse, the client was booked for an indecent act by compulsion by touching the victim's buttocks and legs.
Timeline of the Case
The client had touched a part of the same victim's body 10 days earlier.
At the time, the victim let it pass, thinking it was a misunderstanding, but had memorized the client's face and clothing.
However, on the day of the incident, when the client touched a part of her body again, she became certain it was sexual molestation and reported it to the police.
10 days before the incident, contact with the victim's buttocks area ↓ At the time, the victim let it pass, thinking it was a misunderstanding ↓ On the day of the incident at 8:00 a.m., contact with the same victim's buttocks and leg area ↓ The victim looked once but the client did not stop ↓ Booked without detention following the victim's report |
Booked on a Charge of Indecent Act by Compulsion
The client had a prior record of receiving a fine on a charge of indecent act by compulsion 5 years earlier.
However, this was a serious matter in which the client could receive an actual custodial sentence for having committed the same type of crime again through this case.
The client stated that, because the client was already married and feared it would become known to the family, the client had not been able to actively reach a settlement with the victim.
The client said that by requesting representation in the settlement, the client wished to reach a settlement with the victim and avoid an actual custodial sentence.
In response, the Seongnam attorney established a strategy for representation in the settlement and a legal response plan in order to assist the client.
2. Seongnam Attorney | Case Review
The Seongnam attorney identified the issues in this case and then reviewed the relevant legal principles.
The attorney also established a strategy for representation in settlement, helping the client reach an amicable settlement with the victim.
Issues in Dispute
The client was in a situation where he already had a prior conviction, having received a fine for an indecent act by compulsion five years earlier.
The attorney sought a way to show the client diligently making efforts to prevent reoffending, through completion of a sex education program and sex crime prevention education, a written apology, and the like.
The victim did not readily agree to a settlement, thinking that she had been subjected to an indecent act twice by the same suspect.
The Seongnam attorney persuaded the victim with the following strategy.
▷ Delivery of about 10 handwritten apology letters from the client
▷ Delivery of 5 million won in settlement money and consolation money
▷ Compensation for psychological treatment costs and medical expenses
Review of the Relevant Legal Principles
In order to defend the client against an actual custodial sentence, the Seongnam attorney reviewed the legal principles relating to 🔗molestation in a crowded place and indecent act by compulsion.
Category | Indecent act by compulsion | Molestation in a crowded place |
Legal basis | Article 298 of the Criminal Act | Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes |
Constituent element | An indecent act accompanied by assault or intimidation | An indecent act in a crowded place committed with the intent to commit an indecent act |
Place restriction | No restriction to a specific place | Occurs in a crowded place such as public transportation or a venue for a performance or assembly |
Level of punishment | Imprisonment for up to 10 years or a fine of up to 15 million won | Imprisonment for up to 3 years or a fine of up to 30 million won |
Whether a complaint is required | Not a crime requiring a complaint | |
Whether personal information is registered | Possible | |
Main characteristics | A sex crime accompanied by coercion | A sex crime that takes into account the special nature of the place |
Category | Indecent act by compulsion (Supreme Court 2006Do5979) | Molestation in a crowded place (Supreme Court 2009Do5704) |
Key content | It is sufficient that the assault or intimidation be of a degree that makes the victim's resistance difficult | Includes not only a state in which the public is crowded but also a place open for use by the public |
Whether physical force was exercised | Even without direct physical contact, a surprise indecent act itself may be recognized as assault | The special nature of the place acts as a key element in the establishment of the crime |
Requirements for establishment | May be recognized if there was a sexual act, even without physical contact | May be recognized if it is a place used by the public, even if it is not crowded |
Application of precedent | Even where a sexual act was committed without physical contact in an enclosed space, the charge of indecent act by compulsion was recognized | The crime may be established if an indecent act occurs even in a public place where relatively few people are present |
The crime of indecent act by compulsion focuses on the manner of the act itself (assault or intimidation, or a surprise indecent act), whereas the crime of molestation in a crowded place differs in that the openness and public nature of the place where the offense occurred become the key criteria for judgment.
3. Seongnam Attorney | Details of the Assistance
The Seongnam attorney established a response strategy centered on demonstrating that the client admitted all of the offenses and had settled with the victim.
The client deeply blamed himself for the impulsive conduct at the time and was deeply reflecting.
🔗police investigation contact Even when contacted, the client appeared and answered faithfully, showing a cooperative attitude.
In addition, in order to make efforts to prevent reoffending, the client voluntarily completed sexual offense prevention education and other programs.
The Seongnam attorney conducted the settlement with the victim on behalf of the client.
In the end, the victim prepared a settlement agreement and submitted a statement of no desire for punishment, demonstrating that an amicable settlement had been reached.
4. Seongnam Attorney | Concluding the Case with a Suspended Sentence
With the assistance of the Seongnam attorney, an actual custodial sentence was defended against, and the case was concluded with a suspended sentence.
The court held that this case was serious because the client had again committed the same type of offense, but cited grounds such as the fact that the client had reached an amicable settlement with the victim and had confessed and admitted all of the charges, and pronounced a suspended sentence.
In this way, Daeryun Law Firm assists clients in detail from the early stages of the investigation, handling everything from settlement representation to defense.
If you wish to defend against an actual custodial sentence in connection with a charge of indecent act by compulsion, 🔗legal consultation appointment please establish a tailored strategy through a legal consultation appointment.
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