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Deals & Cases

Indecent act by compulsion

Sexual Molestation Police Investigation | Non-Referral Decision Through Assistance During the Police Investigation for a Client Charged with Sexual Molestation

This is the account of a client who sought the assistance of a specialized attorney, saying that the client was facing police questioning for sexual molestation. The specialized attorney accompanied the client charged with sexual molestation to police questioning and concluded the case with a non-referral decision.

CONTENTS
  • 1. Client Facing a Sexual Molestation Police Investigation
    • - Reviewing the Contents of the Complaint Before the Police Investigation
  • 2. Points to Note for a Sexual Molestation Police Investigation
    • - Penalty Levels for Sexual Molestation
    • - Elements of Sexual Molestation
  • 3. Responding to the Sexual Molestation Police Investigation
    • - Coordinating the Police Investigation Schedule
    • - Police Investigation Simulation and Accompaniment
    • - Collaboration with the Evidence Investigation Center
  • 4. Result of Responding to the Sexual Molestation Police Investigation

1. Client Facing a Sexual Molestation Police Investigation

Client facing a police investigation for sexual molestation

This is the account of a client who sought support ahead of a police investigation for sexual molestation.


The client said that they had been unfairly accused of sexual molestation, and the account the specialist attorney heard was as follows.


On the day of the incident, the client went on a trip to the sea together with the complainant in this case, whom the client had known since childhood.


The client and the complainant had planned a day trip and enjoyed the trip without any particular problem.

However, after the trip ended, the complainant left word with the client about filing a complaint for sexual molestation and then became unreachable.


Thereafter, the client received contact about a police investigation for sexual molestation, and in a bewildered state of mind, came to our firm.

Reviewing the Contents of the Complaint Before the Police Investigation

Immediately upon being retained, the attorney with relevant expertise checked the contents of the complaint through a request for disclosure of information.


The complaint contained an account that, while the client and the victim were traveling by car to the sea, the client stroked and rubbed the victim's calf inside the vehicle and touched the victim's buttocks.


In addition, it was alleged that, after arriving at the sea and while taking in the view, the client pressed and rubbed their arm against the victim's chest, thereby molesting the chest.


The victim also stated that, on the way home, the client likewise continuously touched the victim's arms and legs inside the vehicle, thereby committing molestation.

2. Points to Note for a Sexual Molestation Police Investigation

If you receive a call regarding a police investigation, there are several points to be careful about.


▶If the charge is true

1. Acknowledge the content of the charge

2. Show a remorseful attitude

3. Cooperate actively with the investigation

4. Be accompanied by an attorney


▶If the charge is not true

1. Retain an attorney and coordinate the police investigation schedule

2. Gather evidence that can prove the charge is not true

3. Find and rebut inconsistencies in the victim's statement

4. Take care not to retract statements

If you retain an attorney, the attorney can conduct a prior simulation of the molestation-related police investigation and also accompany you to the actual police investigation to help you avoid making unfavorable statements.


The attorney also assists with postponing and coordinating the police investigation schedule, and helps conclude the case at the police investigation stage through a strategy tailored to the client's case.

Penalty Levels for Sexual Molestation

If the charge is recognized after the police investigation into the sexual molestation, the case is referred to the prosecution, and if the prosecution also recognizes the charge, the person is indicted and stands trial.


If the trial determines that there is a charge of sexual molestation, the person may be subject to the following level of punishment under the Criminal Act.


Criminal Act, Article 298 (Indecent Act by Compulsion) A person who commits an indecent act against another by assault or intimidation shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

Elements of Sexual Molestation

For a charge of the 🔗crime of indecent act by compulsion (molestation) to be established, simple physical contact alone is not sufficient; the following statutory requirements must be met.

① The existence of assault or intimidation

It is established when the body is touched against the other person's will, accompanied by assault or intimidation.

Here, "assault" includes any act that makes resistance difficult, such as a simple shove or forcibly taking hold of a hand.

② The intent and act of an indecent act

There must have been physical contact capable of causing sexual shame or aversion to the other person, and it must be objectively recognizable, under common social notions, that the act had a sexual purpose.

In particular, in molestation cases, an investigation may be commenced based on the victim's statement alone, and investigative authorities make their judgment by considering the circumstances before and after the situation, text messages, calls, CCTV, and statements of companions.

3. Responding to the Sexual Molestation Police Investigation

The attorney took the following steps to respond to the client's police investigation for sexual molestation.

Coordinating the Police Investigation Schedule

The specialized attorney reviewed the client's case and, in order to respond appropriately, first coordinated the police questioning schedule.

Thereafter, through a thorough consultation with the client, the attorney ascertained the circumstances and details of the client's case and prepared a response plan.

Police Investigation Simulation and Accompaniment

The specialist attorney helped the client prepare anticipated questions and answers through the firm's police investigation simulation.

Because clients often misspeak out of fear during a police investigation, it is advisable to make use of the sexual molestation police investigation pre-simulation service.


In addition, the specialist attorney accompanied the client to the actual police investigation and assisted with the client's statements.

Collaboration with the Evidence Investigation Center

The attorney cooperated with the evidence investigation center to gather evidence favorable to the client.


The victim claimed that the client had molested her throughout the time in the vehicle, but according to the evidence gathered by the evidence investigation center, while the victim said she would go to the restroom at a rest area and told the client to wait, she sent the following message.


✉The restroom line is long, so it looks like I will have to wait a bit. I miss you even though I am holding back.

The attorney emphasized that if the victim had been molested by the client, she would not have sent such an affectionate message.


The victim also sent the client the following message after returning home.


✉Oppa, I had a great time today. Get home safely and text me!

The attorney presented this evidence to emphasize that the victim's statement lacked credibility.

4. Result of Responding to the Sexual Molestation Police Investigation

Result of responding to a police investigation into sexual molestation

As a result of responding to the police investigation into the sexual molestation, the client was able to conclude the case by receiving a non-referral decision at the police stage.


In this case, the client was placed at risk of being punished for sexual molestation on an unjust charge, but through the prompt response of an attorney with relevant expertise, obtained a non-referral outcome.


As with this client, where one is facing a police investigation for sexual molestation, it is important to respond strategically with the assistance of an attorney with relevant expertise.


If you request legal assistance in a sexual molestation case, we will accompany you not only at the police investigation but also through all related legal procedures, including the gathering of evidence and the response to a claim for damages.


If you need help, please proceed now with a 🔗legal consultation reservation.

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  1. Please refer to Daeryun Law Firm’s police investigation preliminary simulation.

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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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