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Deals & Cases

Indecent act by compulsion

Sexual Molestation Specialist Lawyer | Case Obtaining a Non-referral Decision on a Sexual Molestation Charge

The client, who consulted an attorney handling sexual molestation cases, sought an attorney with extensive experience in resolving sexual molestation cases, stating that the client was under suspicion of sexual molestation. The attorney obtained a non-referral decision.

CONTENTS
  • 1. The Client Who Sought a Sexual Molestation Specialist Lawyer
    • - The Facts Identified by a Sexual Molestation Specialist Lawyer
  • 2. Sexual Molestation Charges Explained by a Sexual Molestation Specialist Lawyer
    • - Punishment Standards for Sexual Molestation
  • 3. The Client's Defense Undertaken by a Sexual Molestation Specialist Lawyer
    • - Emphasizing That the Client and the Complainant Had Habitually Engaged in Casual Physical Contact
    • - Emphasizing That the Complainant Is Making a False Accusation Against the Client
    • - Emphasizing That the Client Had No Intent to Commit an Indecent Act
  • 4. The Case Result Achieved by a Sexual Molestation Specialist Lawyer

1. The Client Who Sought a Sexual Molestation Specialist Lawyer

The client, who sought a sexual molestation attorney, requested a consultation, stating that the client runs a bar in Busan.

The client stated that the client had recently been the subject of a criminal complaint by a bar employee on charges of an indecent act, including stroking the employee’s head and touching the employee’s waist.

The client expressed a sense of injustice, stating that the client had no intent whatsoever to commit an indecent act against the employee and had merely brushed against the employee by mistake, without the kind of intimate physical contact described in the complaint.

The Facts Identified by a Sexual Molestation Specialist Lawyer

The attorney handling sexual molestation cases set out to establish the facts in order to assist the client in clearing the unfounded suspicion promptly.

The employee who filed the complaint against the client was a married woman who had reportedly been working at the client's bar without her husband's knowledge.

One day, the employee was found out by her husband to be working at the bar and said she would quit, and the client, understanding her situation, helped process her resignation.

A few days later, however, the employee sent the client threatening messages asking why the client was speaking ill of her, and stating that she would file a complaint unless a settlement payment was made.

Bewildered, the client asked how she could file a complaint when the client had never spoken ill of her and had done nothing wrong, but the employee, leaving only the words that she had evidence that the client had molested her and would file a complaint for sexual molestation, then cut off contact.

The client had never committed any act of molestation, but out of fear, the client continued to reach out, remitted a settlement payment, and obtained a settlement agreement stating that no civil or criminal liability would be pursued.

Afterward, the employee, despite the settlement agreement remaining in effect, took only the settlement payment and filed a complaint against the client on suspicion of sexual molestation, and so the client sought out the attorney handling sexual molestation cases and requested assistance.

2. Sexual Molestation Charges Explained by a Sexual Molestation Specialist Lawyer

Sexual molestation charges explained by an attorney experienced in sexual molestation cases

The client, assisted by an attorney experienced in sexual molestation cases, had received a request from the police to appear for questioning on charges of sexual molestation and forcible indecent act.

Sexual molestation refers to the crime of committing an indecent act against a person through assault or intimidation. The court may recognize a charge of sexual molestation even where there is no direct exercise of physical force such as assault, so long as there has been intimidation of a degree sufficient to instill fear in the other party.

▶Supreme Court Decision 2018Do13877

🔗Forcible indecent act The 'assault or intimidation' is not required to be of such force as to make resistance by the other party difficult, and should be understood as the exercise of unlawful physical force against the other party's body (assault) or the communication of harm of a degree that, generally viewed, may instill fear in the other party (intimidation).

Punishment Standards for Sexual Molestation

Sexual molestation is punishable under the Criminal Act by imprisonment of up to 10 years or a fine of up to 15 million won.

However, where mitigating or aggravating factors exist under the Sentencing Commission's sentencing guidelines, punishment at the following levels may be imposed.

Mitigated

Basic

Aggravated

Imprisonment of up to 1 year

6 months or more

to 2 years of imprisonment

1 year and 6 months or more

to 3 years of imprisonment

To obtain mitigation of a sexual molestation charge, the following factors must be met. Because it is not easy for an individual to assess his own case and identify mitigating factors, seeking the assistance of a sexual molestation attorney may be advisable.

▶Mitigating factors for sexual molestation

Where the use of physical force was markedly slight

Where the degree of the indecent act was slight

Where the offender turned himself in

Where the victim does not wish for punishment

Where substantial recovery of the victim's loss, including a deposit, has been completed

Where the offender shows a sincere attitude of remorse

Where there is no record of prior criminal punishment

3. The Client's Defense Undertaken by a Sexual Molestation Specialist Lawyer

The sexual molestation attorney conducted the defense for the client as follows.

Emphasizing That the Client and the Complainant Had Habitually Engaged in Casual Physical Contact

The sexual molestation attorney assisted the client by collecting the CCTV footage from the day of the incident relied upon by the employee who filed the complaint against the client.

According to that footage, the client often maintained a close relationship with the bar employees and engaged in light physical contact with them.

The sexual molestation attorney emphasized that the same was true of the employee who filed the complaint against the client, and that, with light physical contact such as patting the shoulder and back, the client had no intention whatsoever of obtaining sexual gratification from that employee.

Emphasizing That the Complainant Is Making a False Accusation Against the Client

The sexual molestation attorney emphasized that the complainant was making a false accusation in order to extract a settlement payment from the client.

The complainant threatened and intimidated the client to extort a settlement payment and prepared the settlement agreement in this case, and the complainant also filed a complaint containing false statements, thereby causing the client distress.

The client stated that, due to the complainant's false accusation, the client was suffering mental distress that made daily life impossible, and the client intends to later file a complaint against the complainant for false accusation.

Emphasizing That the Client Had No Intent to Commit an Indecent Act

The sexual molestation attorney cited the following precedent to emphasize that, while an indecent act by compulsion requires recognition of both ‘the indecent act and the criminal intent for it,’ the client had no ‘criminal intent to commit an indecent act’ whatsoever.

▶Supreme Court Decision 2014Do4447

Absent special circumstances, the crime of forcible indecent act constitutes one offense per act, and for the crime of forcible indecent act to be established, recognition of the indecent act itself and the criminal intent for it, in addition to assault or intimidation, is required for each act at issue. In a criminal trial, a finding of guilt must be based on evidence with probative value sufficient to give the judge a conviction that the facts charged are true beyond a reasonable doubt; therefore, if proof of the criminal intent to commit an indecent act is insufficient, the defendant cannot be found guilty of forcible indecent act even if there is suspicion of guilt.

4. The Case Result Achieved by a Sexual Molestation Specialist Lawyer

Case result led by the sexual molestation attorney

Following the assistance described below by the sexual molestation attorney, the police issued a non-referral decision in favor of the client.

▶Assistance provided by the sexual molestation attorney

Collection of case-related evidence such as CCTV

Accompaniment during the police investigation

Submission of the defense counsel's written opinion

The client expressed gratitude that, with the assistance of the sexual molestation attorney, the matter could be concluded at the police stage.

Although the allegation was not true, the client had paid a settlement sum out of fear. In such a case, the court may regard the payment as having been made by way of compensation for harm and may be more likely to find the allegation established.

For this reason, in a situation like the client's, it is important to obtain the assistance of a sexual molestation attorney.

If you need assistance in defending against criminal punishment in a sexual molestation case, you may at any time make a 🔗legal consultation reservation.

성추행전문변호사 | 성추행 혐의 불송치 결정 받아낸 사례

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.

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