CONTENTS
- 1. Suwon Sexual Molestation Attorney | Case Background
- - Suwon Sexual Molestation Attorney, Case Timeline Summary
- - Suwon Sexual Molestation Attorney, Comparison of the Client's and the Victim's Positions
- 2. Suwon Sexual Molestation Attorney | Case Analysis
- - Issues Identified by the Suwon Sexual Molestation Attorney
- - Review of the Relevant Legal Principles Undertaken by the Suwon Sexual Molestation Attorney
- 3. Suwon Sexual Molestation Attorney | Assistance Details
- 4. Suwon Sexual Molestation Attorney | Charge of an Indecent Act by Compulsion Against a Fellow Student, Concluded With Non-Referral
1. Suwon Sexual Molestation Attorney | Case Background
The client of the Suwon sexual molestation attorney was a student attending a high school in Suwon and was in a relationship of exchanging jokes on school grounds with a classmate (the victim) with whom he was ordinarily on friendly terms.
One day, however, the victim reported the client for indecent act by compulsion, claiming that the client had touched a private part of the victim's body.
The client argued that it was something done in jest and that the classmate had also reacted with a smile, but the victim's side strongly argued that it was unwanted contact and an indecent act by compulsion.
The troubled client came to the Suwon attorney and requested an examination of evidence and legal assistance.
Suwon Sexual Molestation Attorney, Case Timeline Summary
The Suwon sexual molestation attorney organized the timeline of this 🔗violation of the Act on the Protection of Children and Youth against Sexual Abuse case and arranged the background of how the incident came about.
The victim began an obscene conversation with the client via DM ↓ By mutual consent, the client engaged in an obscene conversation with the victim and they sent each other photographs of their bodies ↓ After school, the client met the victim and attempted an obscene conversation ↓ The victim showed no sign of dislike and, on the contrary, actively continued the conversation ↓ The victim first consented to the client touching her chest area, and they continued sexual conduct ↓ Thereafter, they met about five times in total and continued the act of touching each other's body parts ↓ The victim's sudden school violence report and the filing of a complaint ↓ The client was criminally booked on suspicion of an indecent act by compulsion and requested assistance from a Suwon attorney |
Suwon Sexual Molestation Attorney, Comparison of the Client's and the Victim's Positions
Client's argument | Victim's argument |
An accidental physical contact during the course of joking around as usual, as friends do | It was unwanted physical contact and a clear indecent act by compulsion |
The victim showed no particular sign of refusal, such as smiling, so it was perceived as joking | The victim was flustered and simply could not respond immediately, but felt discomfort |
There was no sexual intent whatsoever, nor any intent to molest | It was judged that an intent capable of causing sexual humiliation could be felt |
Engaged in everyday conversation with the victim even after the incident | Could not show it even after the incident, but the discomfort persisted |
The victim's statements were reversed several times, and the statements about the situation at the time were ambiguous | The victim's side has consistently complained of the discomfort felt |
2. Suwon Sexual Molestation Attorney | Case Analysis
The Suwon sexual molestation attorney identified the issues in this case and examined the relevant legal principles.
In particular, the attorney identified that the victim's statement had been reversed several times from the time of the school violence investigation through the 🔗police investigation process, and sought to argue strongly for the possibility of false accusation against the client.
Issues Identified by the Suwon Sexual Molestation Attorney
The Suwon attorney identified the following points at issue.
Issue | Details |
Whether the Contact Was by Compulsion | The victim first permitted the contact and thereafter met voluntarily and continued the physical contact There was no compulsion at this time |
Consistency and Credibility of the Victim's Statement | The statement was reversed several times from the school violence investigation through the police investigation and lacked consistency The explanation of the circumstances on the day was also vague |
Whether There Was a Possibility of False Accusation | The victim first attempted an obscene conversation and induced the physical contact Given that she then abruptly filed a complaint, a false accusation was suspected |
The case was judged to be the victim's 🔗false school violence report, and it was necessary to collect 🔗school violence evidence and the like and then to argue the client's false-accusation claim.
Review of the Relevant Legal Principles Undertaken by the Suwon Sexual Molestation Attorney
Even between minors, committing 🔗sexual molestation of a minor results in the following punishment.
Item | Details |
Applicable provision | Act on the Protection of Children and Youth (indecent act against a minor under 13) |
Statutory sentence | Imprisonment for at least 2 years or a fine of at least 10 million won and not more than 30 million won |
Possibility of a concurrent protective disposition | Where the offender is a minor, a protective disposition under the Juvenile Act or criminal punishment may be applied concurrently |
In particular, this client had been reported for school violence and was at risk of facing 🔗school violence punishment, so there was a strong possibility of receiving disciplinary action from the school violence committee.
If the client's charges were found to be established in this case, the following disadvantages could follow.
▷ Disadvantages in college admissions due to entries in the school record
▷ Infringement of the right to learn due to in-school isolation measures, and the like
For this reason, the Suwon sexual molestation attorney needed a thorough analysis of the case in order to establish the client's innocence.
3. Suwon Sexual Molestation Attorney | Assistance Details
Argument | Content |
Lack of consistency in the victim's statements | The victim reversed her statements several times regarding the area of contact, the manner of contact, and the like Conflicting parts also existed between the statements to the school violence committee and to the police |
Circumstances suggesting mutual horseplay | The two were on friendly terms and often exchanged playful jokes Circumstances of joking and laughter passing between them existed on the day of the incident as well |
Circumstances suggesting consensual contact | Circumstances existed in which the victim first mentioned or consented to the physical contact Similar meetings continued on 5 occasions thereafter |
Continuation of an ordinary relationship after the incident | Even after the incident, the victim continued communicating with the client through SNS and in person She did not express any particular displeasure or intent to refuse |
Lack of clear objective evidence | No direct physical evidence whatsoever, such as CCTV, third-party witnesses, or recordings, related to the incident |
4. Suwon Sexual Molestation Attorney | Charge of an Indecent Act by Compulsion Against a Fellow Student, Concluded With Non-Referral
Thanks to the assistance of the Suwon sexual molestation attorney, the police that investigated the case concluded it with a no suspicion of crime non-referral.
The police judged that the forcible indecent act charge was difficult to prove based on the victim's statement alone, and found that there was no suspicion, citing the fact that the victim's statement had been reversed.
If, like this client, you are mistakenly suspected of a sex crime after engaging in sexual horseplay between classmates, it would be unfair.
In that case, we recommend resolving the school violence case and the criminal case at the same time through an experienced attorney at Daeryun Law Firm and 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
