CONTENTS
- 1. Client Who Inquired About the Possibility of a Suspended Sentence in a Sexual Crime Case

- - Client Charged with Indecent Act by Compulsion
- 2. Establishing a Strategy for a Suspended Sentence in the Sexual Crime Case

- - Issues in the Case
- 3. Assistance Provided Toward a Suspended Sentence in the Sexual Crime Case

- - The Sexual Crime Attorney's Assistance ① | Settlement with the Female Victim
- - The Sexual Crime Attorney's Assistance ② | The Accidental Nature of the Offense
- 4. Suspended Sentence Obtained in the Sexual Crime Case

- - How to Respond to a Sexual Crime Case
1. Client Who Inquired About the Possibility of a Suspended Sentence in a Sexual Crime Case

The client, who inquired about the possibility of a suspended sentence for a sexual offense, had been subject to a sexual offense complaint for indecent act by compulsion, but was able to receive a suspended sentence for the sexual offense with the assistance of a sexual offense attorney.
Client Charged with Indecent Act by Compulsion
After drinking at a club, the client touched part of the body of a woman he was meeting for the first time.
Afterward, the victimized woman reported the client to the police, and the client came to be investigated on a sex crime charge.
The client acknowledged his wrongdoing and readily admitted all of the charges during the investigation.
However, because he already had a prior record of a suspended sentence for a sex crime in the past, he feared that an actual custodial sentence would be imposed in this case.
In the end, after the police investigation, he visited a sex crime attorney to obtain assistance so that he could once again receive a suspended sentence for the sex crime.
2. Establishing a Strategy for a Suspended Sentence in the Sexual Crime Case
The charge against the client, who sought to reduce the sentence as much as possible through a suspended sentence in the sexual offense case, was indecent act by compulsion.
The crime of indecent act by compulsion includes not only an indecent act committed after making the other party's resistance difficult through assault or intimidation but also cases where the assault itself carries a sexual purpose, that is, cases where surprise physical contact causes sexual humiliation.
Supreme Court Decision 2019Do15994, rendered on March 26, 2020
In particular, in the case of a surprise indecent act, it is the consistent position of the precedents that the act of assault committed simultaneously with the indecent act does not necessarily have to be of a degree that suppresses the other party's will, and it is sufficient if there is an exercise of physical force against the other party's will, regardless of the strength or weakness of that force.
What is the level of punishment for indecent act by compulsion?
| Article 298 of the Criminal Act (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. |
Issues in the Case
The issue in this case is that, with the client admitting the facts of the offense, the focus was not on a determination of guilt or innocence but on the level of punishment for the sex offense, that is, on the sentencing determination.
In particular, the key issue was whether a suspended sentence could be obtained once again, even though the client already had a prior record of having received a suspended sentence for a sex offense.
Accordingly, the sex crime attorney focused on thoroughly proving the following sentencing grounds in order to lead to a suspended sentence rather than an actual custodial sentence.
▶ The offense was spontaneous
▶ A settlement was reached with the victim
3. Assistance Provided Toward a Suspended Sentence in the Sexual Crime Case

In order to obtain a suspended sentence judgment in the sex crime, the sex crime attorney collected sentencing factors suited to the client's situation and argued as follows.
The Sexual Crime Attorney's Assistance ① | Settlement with the Female Victim
The victim woman initially refused to settle, but the sexual offense attorney conveyed the sincerity of the client's remorse and apology through the criminal mediation procedure.
As a result, the criminal mediation was established, and the client paid a settlement amount and reached a settlement with the victim.
The sexual offense attorney clearly conveyed to the investigative agency the victim's intention that she did not wish for punishment, so that it would act as a favorable factor in sentencing.
The Sexual Crime Attorney's Assistance ② | The Accidental Nature of the Offense
The client committed the offense impulsively, in a state of intoxication at a club, due to a momentary lapse in judgment.
The sex crime attorney emphasized that the client was a person who usually lived diligently, and that this case was not a planned offense but a momentary mistake.
The attorney also conveyed to the investigative agency that the client was deeply reflecting on the conduct, so that it would act as a positive factor in sentencing.
4. Suspended Sentence Obtained in the Sexual Crime Case

The court, accepting the sex crimes attorney's arguments, rendered a suspended sentence in this sex crime case.
The client repeatedly conveyed thanks, saying that thanks to the sex crimes attorney, an actual custodial sentence could be avoided.
How to Respond to a Sexual Crime Case
Because sexual offenses are investigated with a focus on the victim's statements and the surrounding circumstances, the outcome can vary considerably depending on how one responds at the early stage.
In particular, where the person is a repeat offender like the client in the above case, the possibility of an actual custodial sentence is high, so an even more careful and strategic approach is required.
Daeryun LLC closely ascertains the circumstances of the client's case and systematically gathers the sentencing factors suited to the characteristics of the case, responding actively so that the greatest possible leniency may be obtained.
If, in a similar situation, you wish to respond with a suspended sentence as your goal, please feel free at any time to request assistance with a sexual offense case through Daeryun LLC's 🔗legal consultation reservation.

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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