CONTENTS
- 1. Circumstances of the Case of the Client Who Came to the Suwon Indecent Act by Compulsion Attorney
- 2. Case-Related Laws Reviewed by the Suwon Indecent Act by Compulsion Attorney
- - What Is Indecent Act by Compulsion?
- 3. The Defense Provided by the Suwon Indecent Act by Compulsion Attorney for the Client's Relief
- - Reaching a Settlement with the Victim
- - The Client Is a First-Time Offender With No Prior Record Apart From This Case
- - The Fact That It Occurred Spontaneously and Was Not a Premeditated Crime
- 4. The Suwon Indecent Act by Compulsion Attorney's Argument Accepted, Resulting in a Suspension of Indictment
- - If You Have Become Unintentionally Implicated in an Indecent Act by Compulsion
1. Circumstances of the Case of the Client Who Came to the Suwon Indecent Act by Compulsion Attorney
The circumstances of the client who requested the assistance of the Suwon indecent act by compulsion attorney are as follows.
The client was an ordinary university student who went to a group blind date with friends.
The mood became lively, and the client, who had drunk more than his usual limit, touched and stroked the body of his date partner several times.
The victim was so startled that she screamed, and the client was subsequently subjected to a criminal complaint for the sexual offense of indecent act by compulsion and faced the risk of punishment.
Facing the prosecution investigation stage, the client, who suffered daily out of fear of becoming a criminal over a momentary mistake, immediately came to the indecent act by compulsion attorney at the Suwon law firm and requested assistance to prevent punishment.
2. Case-Related Laws Reviewed by the Suwon Indecent Act by Compulsion Attorney
The Suwon forcible indecent act attorney reviewed the content of the client's case and then confirmed the relevant statutes.
What Is Indecent Act by Compulsion?
The client was facing a prosecutorial investigation on a charge of a forcible indecent act.
The level of punishment for a forcible indecent act is as follows.
| Article 298 of the Criminal Act (Forcible Indecent Act) |
| A person who commits an indecent act against another through assault or intimidation shall be punished by imprisonment for not more than 10 years or a fine of not more than 15 million won. |
The crime of a forcible indecent act has the following elements.
1. Assault or intimidation
As with rape, the crime of a forcible indecent act requires that the degree of assault and intimidation reach a level that makes resistance by the other party impossible or difficult.
| The assault need not necessarily be of a degree that suppresses the other party's will, and as long as there is an exercise of physical force against the other party's will, the magnitude or intensity of that force is irrelevant. Supreme Court, decided Apr. 26, 2022, 2001Do2417. |
2. Indecent act
A sexual act must be involved, and this must occur against the will of the other party.
Regardless of the perpetrator's subjective purpose or tendency, it refers to an act that objectively causes a general person to feel sexual shame and disgust and that infringes on the victim's sexual freedom.
| Even without an act of physical contact with the victim's body, the act of showing one's own masturbation after threatening with a knife or the like in an enclosed space such as an elevator may also constitute a forcible indecent act (Supreme Court, decided Feb. 25, 2010, 2009Do13716) |
3. Intent
The perpetrator must be aware of whether his conduct will cause harm to the other party.
In addition, under Article 300 of the Criminal Act, an attempted forcible indecent act is also punishable.
If a sex offense charge of a forcible indecent act is established, not only criminal punishment but also disclosure of personal information and security measures may be imposed, so particular caution is required.
3. The Defense Provided by the Suwon Indecent Act by Compulsion Attorney for the Client's Relief
The defense the Suwon forcible indecent act attorney presented for the client was as follows.
Reaching a Settlement with the Victim
The Suwon attorney argued that the client was bitterly repenting of his criminal conduct and had conveyed sincere apology and consolation to the victim.
He also argued that the client had paid consolation money through criminal mediation and that the victim had submitted a settlement agreement and a statement of no desire for punishment, requesting leniency on these grounds.
In addition, he requested leniency on the grounds that the client genuinely felt apologetic toward the victim and, even after settling, had resolved to live with a lifelong attitude of atonement.
The Client Is a First-Time Offender With No Prior Record Apart From This Case
The Suwon attorney argued that the client was a university student who had led a diligent social life without any prior record until then and that the client bitterly regretted having committed the offense as a momentary mistake.
The attorney also requested leniency on the ground that the client had no prior record for the same type of offense apart from the offense in this case, that the likelihood of the client reoffending therefore appeared very low, and that the client had submitted a sincere letter of apology.
In addition, the attorney requested that the court take into account in sentencing that the client fully admitted to the offense and cooperated faithfully with the investigative agency's investigation, fully admitting to the facts of the offense.
The Fact That It Occurred Spontaneously and Was Not a Premeditated Crime
The client argued that, regardless of the reason, although he regretted and was reflecting on the offense he had committed, his attentiveness had dropped considerably, unlike usual, because he had drunk too much at the time.
He therefore stated that he had been unable to properly control his words and conduct and committed the offense, that it was by no means a premeditated crime, and that there were circumstances showing it had been committed on impulse, asking that these be taken into consideration.
He also submitted letters of appeal for leniency prepared by his friends and parents, earnestly requesting leniency on the ground that the risk of reoffending was very low.
4. The Suwon Indecent Act by Compulsion Attorney's Argument Accepted, Resulting in a Suspension of Indictment
Through the assistance of the Suwon indecent act by compulsion attorney, the prosecution issued the client a suspension of indictment disposition and concluded the case.
The client, who had been afraid of becoming a criminal in an instant, again expressed gratitude to the Suwon attorney who had assisted him.
If You Have Become Unintentionally Implicated in an Indecent Act by Compulsion
As in the client's case, if you are unintentionally involved in a forcible indecent act, you should promptly review the case through consultation with an experienced attorney and bring the matter to an early close with pleading assistance during the investigation.
This is because the level of punishment for a forcible indecent act is quite heavy, and even an attempt may face the risk of punishment.
Daeryun Law Firm, through the assistance of 🔗sexual offense specialist attorneys and 🔗criminal law specialist attorneys, establishes pleading strategies so that the client does not make unfavorable statements during the investigative agency's examination.
If you need help with a forcible indecent act allegation, please use the 🔗Suwon attorney consultation booking to consult an expert about your current situation and resolve the case.
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