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Can the punishment for an indecent act by compulsion be reduced through a settlement for an indecent act by compulsion?

Recently I was placed under investigation on a charge of indecent act by compulsion, and I am very worried about how severe the criminal punishment will be. I was told to try to reach a settlement with the victim, and I wonder whether the punishment for an indecent act by compulsion can actually change depending on whether a settlement is reached. I would like to know whether reaching a settlement for an indecent act by compulsion always results in leniency, or whether it is only partly reflected in the sentence.

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Answer to Related Inquiry

Author: 고병준

To state the point first, having reached a settlement for an indecent act by compulsion does not mean that the punishment for the indecent act by compulsion can be avoided.

Because an indecent act by compulsion is not a crime that cannot be punished against the victim's will, the investigation and trial may continue even if the victim does not want punishment.

Under Article 298 of the Criminal Act, an indecent act by compulsion may be punishable by imprisonment of up to 10 years or a fine of up to 15 million won, and in addition to criminal punishment, security measures such as registration of personal information may follow.

However, in the actual punishment for an indecent act by compulsion, the circumstances of the case, the degree of the act, intent, any prior record, and the attitude of remorse are comprehensively considered.

In this regard, a settlement with the victim acts as an important factor in mitigation.

There are also cases in which the sentence is reduced when the victim clearly expresses a wish not to punish.

However, a settlement is not sufficient merely by paying money, and a sincere apology, the will to prevent reoffending, and whether responsibility for the circumstances of the case is acknowledged are judged together.

In addition, in cases involving punishment for an indecent act by compulsion, the timing of the settlement is also important.

The earlier a settlement is reached in the investigation, the more likely it is to be reflected positively in sentencing.

Ultimately, in the punishment for an indecent act by compulsion, a settlement can have a real effect on reducing the sentence, but it does not automatically make the punishment disappear.

Because the strategy may differ according to the specific circumstances of the case, it is advisable to respond after carefully reviewing the direction and procedure of the settlement.

A sex crime attorney systematically supports the entire process, including coordinating the terms during the settlement with the victim, drafting the settlement agreement, and securing the wish not to punish, and can respond strategically so that the settlement is reflected as a genuine ground for mitigation at the investigation and trial stages.

If you have been charged, we hope that you will respond wisely with the assistance of a sex crime attorney.