CONTENTS
- 1. Sexual Molestation Fine Reduction Case | Circumstances of the Case
- - The Client Charged With an Indecent Act by Compulsion
- 2. Sexual Molestation Fine Reduction Case | The Range of Punishment for an Indecent Act by Compulsion
- 3. Sexual Molestation Fine Reduction Case | Assistance to the Client
- - Sexual Molestation Attorney's Argument: Excessive Sentencing
- - Sexual Molestation Attorney's Argument: Criminal Deposit With an Official Depository
- - Sexual Molestation Attorney's Argument: The Client's Remorse
- 4. Sexual Molestation Fine Reduction Case | Result of the Assistance: "Reduced Sentence"
- - If You Are Involved in an Indecent Act by Compulsion
1. Sexual Molestation Fine Reduction Case | Circumstances of the Case
The client, who sought a reduction of the fine for sexual molestation, was tried in a criminal case on a charge of indecent act by compulsion, and when the judgment at the first instance was more severe than expected, he objected and decided to appeal.
However, at a loss as to what arguments to prepare for the appellate trial, the client came to an attorney with expertise in sex crime cases to seek assistance.
The Client Charged With an Indecent Act by Compulsion
The client became neighborhood friends with a person he had come to know through a secondhand transaction near his home, and they became close enough to meet from time to time to have coffee or share a meal.
On the day of the incident, while having a light beer and conversing with the other party, the other party reportedly mentioned health-related matters, such as feeling weak and having low blood pressure these days.
In response, the client suggested taking the other party's temperature, held the other party's hand to measure the temperature, and placed a hand on the forehead.
They then moved on to other topics and, after spending some more time together, parted from the other party without any problem and the client returned home, but a few days later the other party filed a complaint with the police accusing the client of an indecent act by compulsion.
The client was bewildered, but although he cooperated with the investigation as faithfully as possible, he received a suspended sentence of imprisonment at the first instance, and finding this difficult to accept, he decided to appeal.
And in order to avoid excessive punishment in the appellate trial and to obtain a reduced sentence to a fine for sexual molestation, he sought out an attorney for assistance.
2. Sexual Molestation Fine Reduction Case | The Range of Punishment for an Indecent Act by Compulsion
The client’s charge, 🔗forcible indecent act (sexual molestation), is a type of sex crime also commonly referred to as sexual molestation.
The crime of forcible indecent act is established where a person commits an indecent act that exercises tangible force against another through assault or intimidation and thereby causes a feeling of sexual shame.
The relevant provision is as follows.
A person who commits an indecent act against another through assault or intimidation shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 15,000,000 won.
What is important is that, even if the tangible force exercised through the assault or intimidation that establishes the crime of forcible indecent act is not so strong as to make the other party’s resistance difficult, the charge may still be recognized if it caused fear.
In addition, at the subsequent trial stage, not only the criminal charge but also factors such as whether there was remorse, settlement with the victim, the degree of harm, and whether it was a first offense are comprehensively considered, so caution is needed.
For this reason, if you are involved in sexual molestation, rather than simply denying the charge, it can be advisable to accurately assess the case and receive the help of a specialized attorney in order to prepare a suitable legal response.
3. Sexual Molestation Fine Reduction Case | Assistance to the Client
For the client, who wanted a reduced sentence to a fine for the sexual molestation, the attorney gathered detailed evidence and prepared a pleading suited to it.
Sexual Molestation Attorney's Argument: Excessive Sentencing
Although the client caused physical contact without the other party’s consent, it was to the extent of holding a hand and placing a hand on the forehead, so under generally accepted social norms it was difficult to regard it as an extremely serious indecent act by compulsion.
The sexual molestation attorney emphasized that the first-instance judgment was excessive as punishment for this and argued that the sentencing was improper.
Sexual Molestation Attorney's Argument: Criminal Deposit With an Official Depository
After the first-instance trial, the client, having realized his wrongdoing and deeply repented, deposited a sum of money with the court as a criminal deposit for the victim’s recovery from the harm.
The sexual molestation attorney emphasized that the client had made efforts to reflect on his wrongdoing and to convey an apology to the victim through the criminal deposit.
Sexual Molestation Attorney's Argument: The Client's Remorse
After the first-instance judgment, the client reflected once again on his wrongdoing and was sincerely remorseful.
The indecent act by compulsion attorney argued that the client's efforts not to commit the same wrongdoing again, such as completing an educational program, should be taken into account in sentencing.
4. Sexual Molestation Fine Reduction Case | Result of the Assistance: "Reduced Sentence"
As a result of assisting the client, who wished to have the sentence reduced to a fine for sexual molestation, the court rendered a judgment reversing the judgment of the first instance and reducing the sentence to a fine.
If You Are Involved in an Indecent Act by Compulsion
As in the client’s case, if you are involved in a forcible indecent act, caution is needed, because simply denying the charge may instead lead to an unfavorable result.
In the case of a sex crime, a single judgment can become a social stigma, so especially careful judgment and response are needed.
At Daeryun Law Firm, assistance suited to the client’s situation is provided based on extensive experience and expertise in sex crime cases.
If you are involved in a similar matter, you may seek help through a 🔗legal consultation appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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