CONTENTS
- 1. The Circumstances of the Case of the Client Who Requested Assistance from the Pohang Indecent Act by Compulsion Attorney
- 2. The Details Relevant to the Client's Case Identified by the Pohang Indecent Act by Compulsion Attorney
- - The Level of Punishment for the Crime of Indecent Act by Compulsion
- - The Elements of the Crime of Indecent Act by Compulsion
- 3. The Assistance Provided by the Pohang Indecent Act by Compulsion Attorney
- - ① Difficult to Assess as an Indecent Act under the Criminal Act
- - ② The Client Was in a Situation Where Criminal Intent or Sexual Desire Could Hardly Have Been Present
- 4. Result of the Pohang Indecent Act by Compulsion Attorney's Assistance: a Non-Referral Decision
- - If You Have Been Involved in an Indecent Act by Compulsion
1. The Circumstances of the Case of the Client Who Requested Assistance from the Pohang Indecent Act by Compulsion Attorney
This is the case of a client who came to a Pohang indecent act by compulsion attorney.
The client, who works in delivery, was making deliveries on the day of the incident as well.
While delivering chicken that he had picked up, he took the elevator down and, hurrying to his next delivery, passed the victim, who had come down and was walking alongside him, and bumped into her.
The client apologized to the victim for the physical contact and immediately left in haste for his next delivery, but about a month later, he received a call from the police station stating that a report had been filed against him for indecent act by compulsion.
Feeling wronged, the client finished his first police questioning and, facing further police questioning, urgently visited the Pohang branch office because he needed assistance.
2. The Details Relevant to the Client's Case Identified by the Pohang Indecent Act by Compulsion Attorney
The Pohang indecent act by compulsion attorney reviewed the details of the crime charged against the client.
The client's charge was the forcible indecent act.
The forcible indecent act is a crime that is established when a person commits an indecent act against another through assault or intimidation, thereby causing the other party sexual humiliation.
The Supreme Court regards the indecent act itself as an assault in cases where there is no separate act of assault.
The Level of Punishment for the Crime of Indecent Act by Compulsion
If the forcible indecent act is established, the level of punishment is as follows.
In addition, the person may be subject to dispositions such as registration and disclosure of personal information, restriction on employment at institutions related to children and youth, an electronic monitoring device, an order to attend sex education, and restrictions on visa issuance.
The Elements of the Crime of Indecent Act by Compulsion
Because assault or intimidation is a requirement for the crime of forcible indecent act, one might think that the crime of forcible indecent act would be difficult to establish where there was merely touching. However, you should be aware that assault is a concept recognized when an unwanted contact is inflicted on the other party.
The requirements for the crime of forcible indecent act are as follows.
| An indecent act through assault or intimidation An indecent act of a level that objectively causes sexual humiliation, disgust, or the like Intent as to the indecent act |
For this reason, if you have been charged with the crime of forcible indecent act, it is most important to obtain a disposition of no suspicion of crime at the police stage or the prosecution stage and conclude the case.
This is because, if the matter proceeds to the prosecution stage or to a criminal trial, it can be difficult to avoid a heavy punishment.
3. The Assistance Provided by the Pohang Indecent Act by Compulsion Attorney
The Pohang indecent act by compulsion attorney pursued the following defense strategy to defend the client against punishment.
① Difficult to Assess as an Indecent Act under the Criminal Act
The Pohang indecent act by compulsion attorney argued that, even if the client's body had come into contact with the victim's body, the client's conduct was difficult to evaluate as an indecent act under the Criminal Act.
The client argued that he had merely brushed past the victim while quickly leaving the building to make his next delivery.
The client, who worked in delivery to support his livelihood, argued that the contact occurred only as he hurried out for his next delivery and that he had no intent to commit an indecent act. He cited as evidence the fact that he completed his next delivery within eight minutes of the incident, arguing that he had no intent whatsoever to commit an indecent act.
② The Client Was in a Situation Where Criminal Intent or Sexual Desire Could Hardly Have Been Present
The Pohang indecent act by compulsion attorney argued that the client was a head of household who supported his livelihood day by day through delivery work, that he was busy with his next delivery for his work at the time of the incident, and that many people other than the victim were also present at the scene.
The attorney also argued that, because CCTV was installed, the client was not even in a situation where he could attempt to make contact with the victim's body with criminal intent (the intent to commit an act while knowing it constitutes a crime) or sexual desire.
The client further emphasized that, because he could not remember the victim's appearance or the appearance and gender of the other people who rode the elevator with the victim, he was so busy with his next delivery at the time of the incident that he was unable to observe his surroundings carefully.
4. Result of the Pohang Indecent Act by Compulsion Attorney's Assistance: a Non-Referral Decision
The police, accepting the argument of the Pohang indecent act by compulsion attorney, found that the client had no charge and issued a non-referral decision on the ground of no suspicion of crime.
A decision of no suspicion of crime means a determination that there is insufficient evidence, or that no crime is established under the law, so punishment cannot be imposed.
The client, who had been worried about being punished after being wrongfully accused of an indecent act by compulsion, was cleared of the charge and expressed his gratitude to the indecent act by compulsion attorney.
If You Have Been Involved in an Indecent Act by Compulsion
If you are facing a sexual offense charge for an indecent act by compulsion, as the client was, rather than first asserting your innocence emotionally, you should develop a strategy and present a defense calmly with the assistance of an experienced attorney.
Sexual offense cases can result in severe punishment regardless of whether the accused is a first-time offender.
For this reason, it is important to develop a defense strategy and work through the case with the assistance of an attorney experienced in handling sexual offense cases from the police investigation stage.
The 🔗sexual offense attorneys at Daeryun LLC accompany, in person, clients who have been unjustly accused of the crime of an indecent act by compulsion during police questioning.
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.
