CONTENTS
- 1. The Story of the Client Who Received a Sexual Molestation Complaint
- 2. Explanation of the Concept of a Sexual Molestation Complaint
- - Penalty Levels for Sexual Molestation
- 3. Attorney Who Responded to the Sexual Molestation Complaint
- - Criminal Attorney: Emphasizing That the Client and the Victim Were in a Romantic Relationship
- - Emphasizing That the Victim Did Not Express Any Refusal to the Client
- 4. The Case Result After Receiving the Sexual Molestation Complaint
1. The Story of the Client Who Received a Sexual Molestation Complaint
This is the account of a client who requested the assistance of a specialized attorney after receiving a sexual molestation complaint.
The client said that a former partner had filed a complaint against him on a charge of sexual molestation, and the specialized attorney immediately set about reviewing the details of the client’s case.
The client said that his relationship with his wife had recently grown distant, and that they were living as little more than strangers.
Around that time, the victim in this case, who had joined the company as a new employee, continued to show affection toward the client, and he said he could not ignore it.
With his feelings growing, the client began a relationship with the victim even though he knew it was wrong.
As they were a couple, the client and the victim had naturally exchanged physical affection.
The victim then abruptly notified the client that she was ending the relationship, and the client, unable to accept the breakup, took the victim’s hand and asked her to reconsider their relationship one more time.
The victim told the client that they should no longer see each other, and she left.
A few months later, the client received a sexual molestation complaint, the content of which was that the client had repeatedly rubbed and stroked the victim’s hands and thereby committed a indecent act by compulsion.
Deeply alarmed, the client sought out the criminal defense attorney at our firm in order to obtain a non-prosecution disposition for the sexual molestation charge.
2. Explanation of the Concept of a Sexual Molestation Complaint
The client was facing a police investigation on a charge of sexual molestation.
Sexual molestation refers to any act that uses unlawful means such as assault or intimidation to make unilateral, unpermitted physical contact, causing feelings of sexual shame or disgust.
Supreme Court Decision 2019Do15994, rendered on March 26, 2020, holds that 🔗indecent act by compulsion includes not only cases in which an indecent act is committed after assault or intimidation has been used against the other party so as to make resistance difficult, but also so-called surprise molestation, in which the act of assault itself is recognized as an indecent act.
Accordingly, even where there is no assault or intimidation, a person who commits surprise molestation may be subject to a criminal complaint.
Penalty Levels for Sexual Molestation
If a charge of indecent act by compulsion is found, the offender shall, under the Criminal Act, be subject to imprisonment for not more than 10 years or a fine of not more than 15 million won.
In cases of sexual molestation, an actual custodial sentence is not infrequently imposed, so it is advantageous to seek the assistance of an attorney immediately upon receiving a complaint and to prepare a response strategy.
3. Attorney Who Responded to the Sexual Molestation Complaint
The specialist attorney responded to the client's sexual molestation charges as follows.
Criminal Attorney: Emphasizing That the Client and the Victim Were in a Romantic Relationship
The criminal attorney emphasized that the client and the victim had been in a romantic relationship.
The victim, in filing the complaint, had asserted that they were not in a romantic relationship with the client, but to rebut this, the attorney with relevant expertise submitted the text-message records between the client and the victim, the navigation records that could prove the client had traveled with the victim, and the card-use records.
After the incident, the victim also engaged in behavior that could not be understood as that of an ordinary sex-crime victim, such as being the first to suggest having a meal with the client.
The criminal attorney submitted the text-message records between the client and the victim that could prove this point.
Emphasizing That the Victim Did Not Express Any Refusal to the Client
The criminal defense attorney emphasized that the victim did not express any refusal, such as telling the client not to hold her hand, at the time of the incident.
The victim claims that the client forcibly rubbed her hand, but the client held the victim's hand and asked her to reconsider their breakup.
The victim, with her hand held, took a brief moment to reflect and then once again notified the client of the breakup and left.
To prove this, the criminal defense attorney submitted as evidence the dashcam footage from the client's vehicle, which captured the client and the victim at the time of the incident.
4. The Case Result After Receiving the Sexual Molestation Complaint
The attorney established that the client and the complainant had been in a romantic relationship and argued that the complainant's statement lacked credibility.
The attorney also asserted that the client had no intent to commit a sexual molestation against the complainant.
The prosecution issued a disposition of non-prosecution on the ground of no suspicion of crime in the client's case.
Although the client had received a complaint, the matter was concluded at the prosecution stage, and the client was able to return to daily life.
If you have received a complaint, it may lead to an actual sentence and may also result in a civil claim for damages, so a prompt response is necessary.
Based on its experience in handling sexual molestation cases, this firm prepares a strategy tailored to each client.
If, like the client in this case, you have received a complaint, please proceed with a 🔗legal consultation appointment.
Daeryun (ranked 9th among law firms in Korea, based on 2025 value-added tax filings with the National Tax Service) will accompany you through all legal procedures you may need, including examination of evidence, response to criminal proceedings, accompaniment during police investigation, and defense against a claim for damages lawsuit.
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.
