CONTENTS
- 1. The Client Who Requested a Defense Against Punishment for an Indecent Act by Compulsion
- - Background of the Case
- 2. Strategy for the Defense Against Punishment for an Indecent Act by Compulsion
- - Settlement Strategy and Mediation
- - Emphasis on Family and Social Responsibility, and a Written Plea
- 3. Defense Against Punishment for Indecent Act by Compulsion, ‘Non-Prosecution’
- 4. What Is the Level of Punishment for an Indecent Act by Compulsion?
- - Requirements for Establishing an Indecent Act by Compulsion
- - FAQ Asked by Clients Suspected of an Indecent Act by Compulsion
- - If You Need an Attorney's Assistance
1. The Client Who Requested a Defense Against Punishment for an Indecent Act by Compulsion
The client, who requested a defense against punishment for an indecent act by compulsion, faced a risk of an actual custodial sentence on charges of committing an indecent act by compulsion against a company employee. However, with the attorney's systematic assistance, the client was able to conclude the case by receiving a non-prosecution disposition.
Background of the Case
After having drinks with an employee of the same company, the client was reported on charges of an indecent act by compulsion.
The employee's side claimed that the client had tried to forcibly embrace her, but the client was heavily intoxicated at the time and had no recollection of the events.
Gripped by anxiety over the possible disadvantages within the workplace and the possibility of punishment, the client, in this difficult situation, came to the attorney and requested assistance in mounting a defense against punishment for an indecent act by compulsion.
2. Strategy for the Defense Against Punishment for an Indecent Act by Compulsion
The attorney focused on the fact that the client, having been heavily intoxicated, could not remember the circumstances at the time of the incident.
The victim claimed that there had been coercion, but the client, stating that he was heavily intoxicated and could not recall the incident, sought to obtain the greatest possible leniency.
Accordingly, the attorney established a tailored strategy emphasizing the securing of circumstantial evidence, the possibility of settlement with the victim, and the fact that the client was a first-time offender who bore social responsibilities, and proceeded with assistance aimed at a non-prosecution disposition.
Settlement Strategy and Mediation
The client had previously attempted to apologize in person in order to reach a settlement with the victim, but this was declined.
In light of the fact that the client could not directly contact the victim, the attorney first prepared materials and a strategy to increase the possibility of a settlement.
In particular, the attorney provided guidance to minimize the psychological burden that might arise in the process of attempting to contact the victim, and gave specific advice on the content and manner of expression of the apology message the client would convey.
In addition, during the settlement process with the victim's side, the attorney secured a direct line of contact and performed a mediating role, coordinating the terms of settlement and the means of remedying the harm.
Emphasis on Family and Social Responsibility, and a Written Plea
The client was the head of a household, and a criminal penalty could have seriously affected the family's livelihood.
The attorney therefore submitted materials establishing the client's family circumstances and economic situation, and prepared a written plea.
Through these measures, the attorney also helped the investigative authorities and the court to fully assess the client's personal situation and social responsibilities.
3. Defense Against Punishment for Indecent Act by Compulsion, ‘Non-Prosecution’
The client, who sought to defend against punishment for an indecent act by compulsion, received a decision to suspend indictment with the attorney's assistance.
A suspension of indictment refers to a non-prosecution disposition in which the prosecutor, while acknowledging the suspected facts, decides to withhold indictment after considering various circumstances such as the offender's age, character, environment, and the motive, means, and result of the offense, and determines that criminal punishment is not necessary.
As a result, the client was relieved of the criminal burden and was able to conclude the matter relatively smoothly, and said, “Thank you for helping me to the very end.”
4. What Is the Level of Punishment for an Indecent Act by Compulsion?
The level of punishment for an indecent act by compulsion under the Criminal Act may be as follows.
| Article 298 of the Criminal Act | Imprisonment for up to 10 years or a fine not exceeding 15 million won |
Requirements for Establishing an Indecent Act by Compulsion
According to Supreme Court precedent (see Supreme Court Judgment of January 25, 2007, 2006Do5979, and Judgment of April 26, 2002, 2001Do2417, among others), the requirements for establishing the crime of forcible indecent act are as follows.
The crime of forcible indecent act is established when an indecent act is committed by applying assault or intimidation to a degree that makes resistance difficult for the other person.
Here, an ‘indecent act’ refers to an act that objectively causes sexual shame or disgust in an ordinary person, runs counter to sound sexual moral standards, and infringes on the victim's sexual freedom.
In addition, whether an act constitutes such an indecent act is determined by comprehensively considering the victim's intent, sex, and age, the prior relationship between the actor and the victim, the circumstances leading to the act, the specific conduct, the surrounding objective circumstances, and the sexual moral standards of society at the time.
FAQ Asked by Clients Suspected of an Indecent Act by Compulsion
A. While a settlement can be favorable to resolving the case, the case does not necessarily proceed unfavorably even when a settlement is difficult. The circumstances of the case, the evidence, and the client's situation are considered comprehensively.Q. Is it disadvantageous if a settlement cannot be reached with the victim in a case of forcible indecent act?
A. Whether one is a first-time offender can have an important effect on sentencing and disposition. In addition, several factors are considered together, such as efforts to repair the harm and social responsibilities.Q. Is the likelihood of leniency high for a first-time offender of forcible indecent act?
If You Need an Attorney's Assistance
In cases of an indecent act by compulsion, a systematic response from the early stages of the case, including a structured defense strategy, securing of evidence, and a settlement with the victim, has a significant effect on the outcome of the case.
Therefore, it is very important to respond promptly in the early stages and to prepare the case together with an attorney, thereby preventing unnecessary criminal punishment and social disadvantages.
Daeryun Law Firm includes attorneys who are registered as criminal law specialists with the Korean Bar Association, as well as attorneys who have handled numerous cases involving indecent acts by compulsion, and it provides systematic assistance from the progress of the case through to the defense strategy.
If you wish to obtain the greatest possible leniency in a situation such as the above, you may request assistance at any time through a 🔗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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
