CONTENTS
- 1. The Client Who Sought an Attorney Handling Indecent Act by Compulsion Cases
- - Establishment and Level of Punishment of Indecent Act by Compulsion
- - Establishing a Defense Strategy for Indecent Act by Compulsion
- 2. Defense Strategy of the Attorney Handling Indecent Act by Compulsion Cases
- - Prompt Coordination of the Investigation Schedule
- - Adjusting the Direction of the Defense After Reviewing the Footage
- 3. Result of the Assistance by the Attorney Handling Indecent Act by Compulsion Cases, a Non-Referral Decision
- - How to Respond to an Indecent Act by Compulsion Case
1. The Client Who Sought an Attorney Handling Indecent Act by Compulsion Cases
The client who requested a consultation from an attorney handling indecent act by compulsion cases was reported for having touched a woman's buttocks with his hand while walking down the street in an intoxicated state, and came to be subject to a police investigation.
However, the client stated that he had been heavily intoxicated at the time, that his memory was faint, and that he had been unable to steady himself properly.
The client, who planned to sit for a national licensing examination, was greatly concerned that this case might create a record of a sexual offense.
In particular, worried about how his wife would view the matter, he requested a prompt resolution and sought assistance from an attorney handling indecent act by compulsion cases.
Establishment and Level of Punishment of Indecent Act by Compulsion
Indecent act by compulsion is established when a person commits an indecent act against another through assault or intimidation.
Here, an indecent act refers to any act that objectively causes an ordinary person to feel sexual shame or aversion.
As for assault or intimidation, it is sufficient that it involves an exercise of physical force against the other person's will to a degree that makes resistance difficult.
A person who commits the crime of indecent act by compulsion is subject to the following punishment under Article 298 of the Criminal Act.
Statutory Provision | Level of Punishment |
Criminal Act Article 298 (Indecent Act by Compulsion) | Imprisonment for not more than 10 years or a fine not exceeding 15 million won |
Establishing a Defense Strategy for Indecent Act by Compulsion
When facing an allegation of indecent act by compulsion, rather than insisting solely on denial, it is important to review the facts and the evidence and to carefully determine whether intent existed.
First, the attorney handling indecent act by compulsion cases applied to review the complaint, but, because this was a case reported through the 112 emergency line, the attorney was notified that the content of the victim's statement was not disclosed.
Accordingly, the direction of the response was set based on the situation the client described.
Thereafter, rather than directly rebutting the victim's claims, the strategy was to explain matters with a focus on the facts.
2. Defense Strategy of the Attorney Handling Indecent Act by Compulsion Cases
The attorney handling indecent act by compulsion cases provided assistance as follows, so that the case could be concluded promptly before it was referred to the prosecution.
Prompt Coordination of the Investigation Schedule
The attorney handling indecent act by compulsion cases promptly contacted the police investigator in charge and arranged the investigation schedule, so that the client would not remain in a state of anxiety for a prolonged period.
Thereafter, in accordance with the investigator's schedule, the client responded to a late-night examination, thereby encouraging prompt processing and a conclusion.
Adjusting the Direction of the Defense After Reviewing the Footage
The CCTV footage reviewed at the investigation site captured a scene in which the client, intoxicated and unable to steady himself, stumbled and his hand incidentally came into contact with the victim's body.
Accordingly, the client did not strongly deny the matter from the outset, but instead stated, “I do not remember, but the contact itself was wrong,” and the attorney explained to the investigating authority various circumstances that could support that the contact was not intentional.
In particular, the attorney explained that the client had been so unable to steady himself that he had collapsed on the stairs of a nearby building immediately after the incident, and submitted a written opinion setting out the argument that there had been no intent.
3. Result of the Assistance by the Attorney Handling Indecent Act by Compulsion Cases, a Non-Referral Decision
As a result of the assistance provided by the attorney handling indecent act by compulsion cases, the investigator, who had initially mentioned referral with an opinion to indict, subsequently accepted that the client had no intent.
As a result, a non-referral decision was issued approximately two weeks after the case was accepted, and the client was able to ease his concerns about sitting for the licensing examination and about his family life.
How to Respond to an Indecent Act by Compulsion Case
In an allegation of indecent act by compulsion, the disposition can vary significantly depending on whether intent and compulsion are present, and the initial response and the securing of evidence influence the outcome.
At Daeryun Law Firm, there are criminal law specialist attorneys registered with the Korean Bar Association, as well as attorneys handling indecent act by compulsion cases who have handled various sexual offense and criminal matters.
Through a dedicated consultation attorney system, the firm promptly identifies the issues and seriousness of a matter, assigns a dedicated attorney to the case, and provides comprehensive assistance, including the preparation of written opinions, accompaniment to investigative appearances, and response at the trial stage.
If you are currently facing an investigation on an allegation of indecent act by compulsion, 🔗Legal Consultation Reservation is available, through which you may entrust your case.
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