CONTENTS
- 1. The Client Seeking a Suspension of Indictment for Indecent Act by Compulsion
- - The Victim's Arguments
- 2. Explanation of Suspension of Indictment for Indecent Act by Compulsion
- - Why a Suspension of Indictment Should Be Sought
- - How to Obtain a Suspension of Indictment for Indecent Act by Compulsion
- 3. The Sex Crimes Attorney Who Secured a Suspension of Indictment for Indecent Act by Compulsion
- - Sincere Reflection and Cooperation With the Investigation
- - Settlement With the Victim
- - No Likelihood of Reoffending
- - Efforts Are Being Made to Prevent Reoffending
- 4. The Client Who Received a Suspension of Indictment for Indecent Act by Compulsion
1. The Client Seeking a Suspension of Indictment for Indecent Act by Compulsion
This is the story of a client who requested our firm’s assistance, asking for help in obtaining a suspension of indictment for indecent act by compulsion.
The client was under suspicion of indecent act by compulsion and was very anxious about whether a criminal record would remain.
The attorney specializing in sex crimes set out to understand the details of the case in order to help the client, and those details were as follows.
On the day of the incident, the client was drinking with friends gathered at a neighborhood restaurant.
In the course of this, a part-time worker who was serving gave an impression of being diligent and good-natured, and the client thought of introducing the worker to the client’s son.
The client then asked the part-time worker to talk for a moment, and with the worker’s consent, they spoke in front of the shop.
The client said that the client wished to introduce the client’s son, and the part-time worker entered the worker’s contact number into the client’s mobile phone.
However, a few weeks later, the client received contact from the police stating that an investigation was needed on suspicion of indecent act by compulsion.
The Victim's Arguments
The client felt that the matter was unfair. The victim in this case, a part-time worker, claimed the following.
It was true that the client said she wanted to introduce her son to the part-time worker and entered her contact number into the client’s mobile phone, but the worker claims that in this process the client grabbed and pulled her arm.
The worker further claimed that there had been physical contact, such as grabbing and pulling her waist, and filed a complaint against the client on a charge of indecent act by compulsion.
2. Explanation of Suspension of Indictment for Indecent Act by Compulsion
🔗Indecent act by compulsion is a crime of committing, against the will of the other person and by means of assault or intimidation, an act that causes sexual humiliation.
Under Article 298 of the Criminal Act, a person who commits an indecent act against another by means of assault or intimidation is subject to imprisonment for up to 10 years or a fine of up to 15 million won.
Here, assault or intimidation can be recognized even by a simple exercise of physical force or a threatening act.
It also includes sudden physical contact, pressing against someone, and forcibly holding someone's hand.
A suspension of indictment is a disposition in which the prosecutor closes the case without indictment, even though the prosecutor finds that there is suspicion of a crime.
This is determined at the prosecutor's discretion in consideration of the suspect's criminal record, the degree of remorse, whether the harm has been recovered, the circumstances of the offense, and similar factors, in a situation where criminal punishment is possible.
Why a Suspension of Indictment Should Be Sought
Suspension of indictment is not “no charge.” It is a decision by the prosecutor “not to refer the matter to trial,” although the criminal facts are recognized.
The reason to nonetheless aim for a suspension of indictment is that indecent act by compulsion is classified as a serious sexual offense, and if one is actually indicted, there is a strong likelihood that not a fine but a sentence of imprisonment will be imposed, together with registration of personal information and an order of employment restriction.
How to Obtain a Suspension of Indictment for Indecent Act by Compulsion
To obtain a suspension of indictment for indecent act by compulsion, one must show practical willingness to improve, such as an amicable settlement with the victim, the suspect's reflection and a community service plan, and attendance at reoffending-prevention education.
Through this, one can actively make the case to the prosecution for the need for a suspension of indictment.
3. The Sex Crimes Attorney Who Secured a Suspension of Indictment for Indecent Act by Compulsion
To obtain a suspension of indictment for the indecent act by compulsion, the sex offense attorney provided the following assistance.
Sincere Reflection and Cooperation With the Investigation
The attorney specializing in sexual crimes emphasized that the client was showing a sincere attitude of remorse and had actively cooperated with the investigation.
The client deeply regrets that, through his rash conduct, he caused great harm to the victim.
Moreover, the client actively cooperated from the early investigation stage and is firmly resolved never to make the same mistake again.
Settlement With the Victim
The attorney focusing on sexual offenses emphasized that the client had reached a settlement with the victim.
The client wrote a handwritten apology letter to the victim and, through the attorney focusing on sexual offenses, conveyed sincere words of apology.
In addition, in order to provide at least monetary comfort to the victim, the client paid a settlement and obtained a settlement agreement and a written statement of unwillingness to punish.
No Likelihood of Reoffending
The sex crimes attorney emphasized that the client had no likelihood of reoffending.
The client has no criminal record whatsoever, has a family to support, and has firm social ties.
Considering the client's background and living environment, the risk of reoffending is very low, so the attorney requested that the client be given a suspension of indictment for the indecent act by compulsion.
Efforts Are Being Made to Prevent Reoffending
The attorney specializing in sex crimes emphasized that the client was making efforts to prevent recidivism.
The client, realizing that his conduct could deeply wound the victim, deeply reflected on the fact that his mistaken attitude toward sex had led to an unlawful act.
Accordingly, the client took a sex crime prevention course in order to cultivate a proper attitude toward sex.
The attorney specializing in sex crimes argued that the client was doing his best not to reoffend, combining future psychiatric treatment and counseling with sex crime prevention education.
4. The Client Who Received a Suspension of Indictment for Indecent Act by Compulsion
With the assistance of a sex offense attorney, the client received a suspension of indictment for indecent act by compulsion.
The client faced the risk of receiving a fine or an actual sentence on charges of indecent act by compulsion, but with the assistance of a sex offense attorney he received a suspension of indictment and was able to avoid having a criminal record.
If a person is punished for a sex offense, many disadvantages, including not only criminal punishment but also registration of personal information, may follow, so a clear response must be prepared from the early stage of the investigation.
Daeryun presents a response suited to the client's case and provides assistance toward obtaining a suspension of indictment for indecent act by compulsion.
If you need assistance, please proceed now with a Daeryun 🔗legal consultation reservation.
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