Changwon Sexual Molestation Attorney Assistance Case | Changwon Attorney Establishes That No Molestation Occurred, Resulting in Non-Referral

The client who requested assistance from the Changwon sexual molestation attorney was an instructor working at Sangmudae who, during training of trainees, told a trainee who said he needed to use the restroom to wait a moment and ordered him to return to his seat.

At that point, he lightly touched the trainee's abdomen, and the trainee, claiming that an intimate part had been molested, filed a report.

The client came to Daeryun to deny the molestation, asserting that he had touched the abdomen rather than the genital area of the alleged victim, and to argue that there was no suspicion of crime.

Let us review the statutory provisions related to indecent act by compulsion and the Military Criminal Act together with the Changwon sexual molestation attorney.

Elements of sexual molestation

Sexual molestation is established when a person, in order to obtain one-sided sexual gratification, makes physical bodily contact and thereby induces a sense of sexual shame in the other party.

Molestation arising from intentional contact may be established even in the absence of intent if the other party comes to feel a sense of sexual shame.

Criminal Act [Article 298] Indecent Act by Compulsion

A person who commits an indecent act against another by means of violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

Military Criminal Act [Article 92-3]

A person who commits an indecent act against a member of the armed forces of the Republic of Korea by means of violence or intimidation shall be punished by imprisonment for a definite term of not less than 1 year.

​Compared with indecent act by compulsion under the Criminal Act, which is punishable by imprisonment for not more than 10 years or a fine of 15 million won, military indecent act by compulsion carries imprisonment for not less than 1 year with no option of a fine, which shows that the Military Criminal Act treats sex offenses among military personnel very strictly.

The Changwon sexual molestation attorney emphasized that, given the nature of military training, a suspect is not permitted to go to the restroom alone, and that, because a tank demonstration was being conducted during the training in question, there were also safety concerns at the time.

The Changwon sexual molestation attorney emphasized that, given the structure of the lecture platform where the training was being conducted, the manner of molestation alleged by the victim was impossible while the suspect was standing.

In addition, the attorney emphasized that a trainee who had witnessed the situation at the time also gave a statement consistent with the suspect's account.

The Changwon sexual molestation attorney emphasized the suspect's diligence, noting that he had worked as an instructor for about 7 years and received gender-sensitivity training twice each year.

In addition, on the basis of the instructor evaluations written by the trainees upon completion of training, the attorney emphasized the suspect's proper conduct.