CONTENTS
- 1. The Story Behind the No Suspicion of Sexual Molestation Decision
- - The Client's Requests
- 2. No Suspicion of Sexual Molestation: Explanation of the Concept of Sexual Molestation
- - The Difference Between No Suspicion of Crime and Acquittal
- 3. The Issues in the Case of the Client With a No Suspicion of Sexual Molestation Decision
- - The Victim's Statement Lacks Credibility
- - The Victim Is Falsely Accusing the Client
- - The Sexual Molestation Charge Is Not Established
- 4. Despite an Indictment Following an Objection to the No Suspicion of Sexual Molestation Decision, an “Acquittal of Sexual Molestation”
1. The Story Behind the No Suspicion of Sexual Molestation Decision
This is the account of a client who, after receiving a non-prosecution decision of no suspicion of crime in a sexual molestation case, sought the assistance of an experienced attorney because the victim had raised an objection.
The client is an adult man in his 30s who, according to his account, stopped by a convenience store while heading home after work.
According to his account, after buying water at the convenience store and heading to his car, two women in their 20s who had been waiting in front of the client's car told him that his car was nice and that they wanted to become friendly with him. The client, without any suspicion, exchanged numbers and occasionally met them for meals.
On the day of the incident as well, the client and the two women had meals and drank a few glasses of alcohol. According to his account, the next day, one of the women, the victim in this case, suddenly sent the client a message demanding settlement money before filing a complaint against him on a charge of sexual molestation.
The client, who wished to obtain no suspicion of crime for the sexual molestation, was not at all intoxicated on the day of the incident, so he responded in bewilderment to the effect that a charge of sexual molestation made no sense, but the victim continued to demand settlement money.
The client, thinking that proceeding by the law would clear his name, told her to report it, and indeed received a disposition of no suspicion of crime for the sexual molestation from the prosecution.
However, the victim raised an objection to this, and as a trial was imminent, the client sought the assistance of an experienced attorney.
The Client's Requests
The client appealed to the specialized attorney about the unfairness of his situation, asking whether he could be punished even in such a case, and requested that the attorney obtain a verdict of acquittal on the sexual molestation charge.
The specialized attorney decided to prepare and pursue a strategy to prove the client's innocence of the sexual molestation charge.
2. No Suspicion of Sexual Molestation: Explanation of the Concept of Sexual Molestation
Sexual molestation is a crime of committing an indecent act against a person by unlawful means such as intimidation or assault, and it refers to any act that causes sexual shame or disgust through unpermitted physical contact.
If the indecent act charge is established against the client, the client could be punished under Article 298 of the Criminal Act by imprisonment of not more than 10 years or a fine of not more than 15 million won.
A person who, through assault or intimidation, commits an indecent act against a person is punishable by imprisonment of not more than 10 years or a fine of not more than 15 million won.
The Difference Between No Suspicion of Crime and Acquittal
The client in this case had received a disposition of no charge, and no charge refers to a decision issued by the prosecution or the police, without a trial, when they determine that there is no suspicion of crime.
Even where a disposition of no charge is received, as with the client in this case, if there is an objection raised by the victim or the reporting party, an indictment may follow and lead to a trial.
Acquittal, a concept that can be confused with no charge, is a judgment by the court that it will not hold the defendant legally responsible for the suspected charge, and it is rendered when the elements of the crime are not satisfied.
3. The Issues in the Case of the Client With a No Suspicion of Sexual Molestation Decision
The issues in this client's case were as follows.
▶The possibility of a false accusation by the victim
▶Whether the suspicion of sexual molestation is established
In order to obtain a judgment of acquittal on the sexual molestation charge for the client and to clear his unfair treatment, the specialist attorney decided to establish that the victim's statement lacked credibility and to emphasize the client's consistent statements and the unreasonable nature of the circumstances, defending as follows.
The Victim's Statement Lacks Credibility
The specialized attorney emphasized that the victim's statement was inconsistent and therefore lacked credibility.
At the time of the police investigation, the victim stated that the client had touched the victim's thigh.
However, during the witness examination procedure in court, the victim stated that the client had touched the victim's calf, and the attorney argued that the victim's statement was inconsistent in key parts and that its credibility was therefore difficult to recognize.
The Victim Is Falsely Accusing the Client
The specialized attorney emphasized that the victim was making a false accusation against the client.
The day after the incident in which the victim claimed to have suffered sexual molestation, the victim immediately called the client and said that, if a settlement sum were not paid, the victim would file a complaint against the client.
When the client refused to pay the settlement sum, the victim also contacted the client incessantly, asking whether the amount of the settlement sum needed to be adjusted.
This is difficult to regard as the attitude of an ordinary victim of sexual molestation.
The specialized attorney emphasized that the victim in this case was making a false accusation against the client because the client had refused to pay the settlement sum.
The Sexual Molestation Charge Is Not Established
The specialized attorney emphasized that the charge of indecent act by compulsion (sexual molestation) was not established against the client.
The witnesses in this case stated that the client and the victim had engaged in physical contact by mutual consent.
On this basis, the specialized attorney argued that, even if there had been physical contact, the victim had not expressed any particular refusal, and that the client could not be deemed to have exercised force to the extent of suppressing the victim's resistance.
4. Despite an Indictment Following an Objection to the No Suspicion of Sexual Molestation Decision, an “Acquittal of Sexual Molestation”
The client, who had faced the risk of punishment due to an objection to a no-suspicion finding in a sexual molestation case, was able to receive an acquittal with the help of a specialist attorney.
After hearing the specialist attorney, the court found that the victim's statements lacked consistency and that it was difficult to recognize that the charged facts in this case had been proven beyond a reasonable doubt, and issued a judgment of acquittal on the defendant's charge of indecent act by compulsion.
The client expressed gratitude to the firm's specialist attorney for protecting his daily life.
As with the client in this case, there are situations in which a person who has been wrongly suspected of sexual molestation and received a no-suspicion disposition from the investigative agency is then placed at risk of punishment due to the victim's objection.
In such cases, professional handling by a specialist attorney is critical to resolving the injustice.
To bring about an acquittal on the charge of indecent act by compulsion, the firm has its criminal law specialist attorneys, sexual offense specialist attorneys, and evidence investigation center collaborate to prepare a strategy tailored to the client.
If you need legal assistance regarding a no-suspicion finding, acquittal, or related matters in a sexual molestation case, please try making 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.
