Deals & Cases
Assistance From a Changwon Sexual Assault Attorney | A Changwon Attorney Who Obtained an Acquittal for a Sexual Assault Client
The client who came to a Changwon sexual assault attorney, in a situation where he had been sued on a charge of sexual assault for assaulting a massage shop employee, came to the sexual assault attorney at the Changwon branch office.
1. How the Client Came to a Changwon Sexual Assault Attorney
The client who came to a Changwon sexual assault attorney was the subject of a sexual assault complaint by an employee of a massage shop that was a prostitution establishment, and sought to defend against punishment with the assistance of the sexual assault attorney at the Changwon branch office.
The Client Who Requested Assistance From a Sexual Assault Attorney
The client who requested assistance from a Changwon sexual assault attorney had visited a massage shop that was a prostitution establishment.
By mutual agreement, he had sexual relations with an employee of the massage shop.
Afterward, when the client tried to leave the massage shop, the owner of the massage shop stopped him and asked why he had raped the victim, and the client argued that, although he had engaged in prostitution, he had never raped her.
The owner continued to press the client to admit the rape and to settle, and the client continued to deny it.
Afterward, the client left the shop, and a few days later he was sued for sexual assault.
Pleading that he had been wronged, the client requested assistance from Daeryun Law Firm's Changwon sexual assault attorney.
The Level of Punishment Explained by the Sexual Assault Attorney
■ Criminal Act Article 297 (Rape)
A person who, by means of violence or intimidation, rapes another shall be punished by imprisonment for a definite term of not less than 3 years.
▶ In a criminal trial, the burden of proving the charged criminal facts rests with the prosecutor, and a finding of guilt must be based on evidence with such probative force as to give the judge a conviction that the charged facts are true beyond a reasonable doubt. Therefore, in the absence of such evidence, even if there is suspicion of the defendant's guilt, the matter can only be judged in the defendant's favor. (See, e.g., Supreme Court Judgment of April 27, 2006, Case No. 2006Do735.)
▶ Where the defendant consistently and strongly denies the charged facts and the only direct evidence corresponding to the charged facts is, in substance, the victim's statement, finding the charged facts guilty based solely on the victim's statement requires probative force so high as to leave virtually no room for doubt as to the truthfulness and accuracy of that statement. (See Supreme Court Judgment of May 10, 2012, Case No. 2011Do16413.)
▶ In the crime of rape, the violence or intimidation must be of a degree that makes the victim's resistance impossible or markedly difficult, and whether the violence or intimidation was of such a degree must be judged by comprehensively considering all the circumstances, including not only the content and degree of the violence and intimidation through which physical force was exercised but also the background to the exercise of that force, the relationship with the victim, and the circumstances at the time of the offense. (See, e.g., Supreme Court Judgment of June 9, 2000, Case No. 2000Do1253.)
2. The Changwon Sexual Assault Attorney's Assistance
The Changwon sexual assault attorney examined the case once more through consultation with the client. The attorney emphasized that, during the sexual relations, the client had neither seen nor heard any refusing conduct by the victim.
Changwon Attorney Argues That the Victim Gave No Indication of Refusal
The massage shop in this case has its rooms situated side by side in a row.
For that reason, if a rape had occurred, the layout is such that sounds from the victim's resistance could readily have been heard from outside.
By calling as a witness the massage shop employee who had heard no sound whatsoever, the attorney proved the fact that the victim had not resisted, such as by making loud sounds, during the sexual relations with the defendant.
Changwon Attorney Argues That, Based on the Polygraph Examination Results, the Victim's Answers Were False
As a result of the psychophysiological examination, that is, a polygraph test, the defendant's answers denying the criminal facts produced a truthful response.
However, the victim's answers affirming the criminal facts produced a deceptive response.
For that reason, the attorney emphasized that the victim's claim of having been sexually assaulted lacked credibility.
3. The Result of the Changwon Sexual Assault Attorney's Assistance: 'Acquittal'
The court, accepting the Changwon sexual assault attorney's arguments, ultimately rendered a judgment that ‘the defendant is not guilty.’ From a situation in which the client might have been punished somewhat unfairly, the client concluded the case by receiving an acquittal with the assistance of the Changwon sexual assault attorney.
The Sexual Assault Attorney's Case Notebook
The above case was that of a client who had sexual relations with a massage shop employee by mutual agreement but was sued for sexual assault.
The Changwon sexual assault attorney proved that there had been no act such as violence or intimidation, and the client was ultimately able to obtain an acquittal.
A rape case is judged by comprehensively considering the content and degree of the violence and intimidation, the background to the exercise of physical force, the circumstances at the time of the offense, and the like.
For that reason, it can be helpful to be accompanied by and to receive assistance from a specialized attorney from the early stage of the case, beginning with the police investigation.
At Daeryun Law Firm, specialized attorneys with extensive trial experience, having handled numerous sexual offense cases, personally lead the entire process from consultation through trial response and manage the client's situation consistently.
If you are in a situation involving a sexual assault case, you may entrust the matter to Daeryun Law Firm.
![강간 무죄 [창원성폭행변호사 조력] 강간 성폭행 의뢰인 창원성폭행변호사 조력받아 무죄 입증](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240607081704441.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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