Punishment for Indecent Act by Compulsion | A 'Not Guilty' Verdict on an Unjust Indecent Act by Compulsion Charge Through a Request for Formal Trial

An indecent act by compulsion refers to an act of committing, against another person's will and by using unlawful means such as assault or intimidation, an indecent act that arouses sexual shame or aversion.

According to Article 298 of the Criminal Act, it is a serious offense that may be punishable by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

If even one of the three elements is not proven, it is difficult to impose punishment for the crime of indecent act by compulsion.

In particular, in cases such as physical contact during the course of work, accidental physical contact in a narrow space, and the process of giving work instructions or guidance, whether there was intent and an indecent nature becomes the key issue.

The attorney specializing in sexual offenses closely analyzed the CCTV footage secured immediately after the incident.

The footage merely confirmed the scene in which the client approached the alleged victim while holding documents, and no movement that could be regarded as touching the body or as an indecent act was confirmed at all.

This was important evidence negating whether physical force had been exercised, which is a key element in the establishment of punishment for indecent act by compulsion.

In the appraisal of the alleged victim's clothing by the National Forensic Service as well, no male DNA was detected.

On the basis of that result, the attorney specializing in sexual offenses actively established before the court that, apart from the alleged victim's statement, there was no objective evidence whatsoever to support punishment for indecent act by compulsion.

The client was in a state in which the use of his hand was limited owing to a joint disability affecting part of his body, and at the time he was also holding a bag.

The attorney specializing in sexual offenses explained, together with the rule of experience, that conduct such as that alleged in the charge was not realistically possible given these physical conditions, and emphasized that a reasonable doubt existed as to the claim of punishment for indecent act by compulsion.

The crime of indecent act by compulsion is an offense that infringes upon another person's sexual freedom by exercising physical force such as assault or intimidation, and punishment for indecent act by compulsion may be imposed under Article 298 of the Criminal Act.

However, mere physical contact does not immediately establish punishment for indecent act by compulsion; rather, factors such as intent, whether the contact constitutes an indecent act, and whether objective evidence exists are comprehensively assessed.

The outcome of an indecent act by compulsion case can vary greatly depending on the direction of the initial response.

Daeryun Law Firm operates a one-stop assistance system covering criminal matters, evidence analysis, and trial response, centered on attorneys specializing in sexual offenses.

If you are facing the risk of punishment for indecent act by compulsion and are appealing a sense of injustice, we recommend that you establish an accurate response strategy from the early stages of the case through a 🔗legal consultation booking.