Forcible Indecent Act Attorney Assistance Case | Non-Prosecution for a Client Charged With a Forcible Indecent Act and Assault

On the day of the incident, the client got up to head home after drinking with coworker A.

Afterward, when A asked for help, saying it was difficult to keep their balance, the client briefly held A's wrist.

However, A claimed regarding that situation that the client had grabbed A's wrist firmly and pulled A along against A's will, and filed a complaint for assault and a forcible indecent act.

In response, the client stated the position that "I never forcibly pulled or grabbed firmly; I merely held the wrist momentarily at the request," appealing to the unfairness of the situation and requesting the assistance of the forcible indecent act attorney.

The complainant claimed that a sexual intent was involved in the client's act of grabbing the complainant's wrist.

In response, the forcible indecent act attorney constructed a defense theory centered on the legal reasoning of Supreme Court Decision 2013Do7838.

Summary of Supreme Court Decision 2013Do7838

In light of such precedent, the attorney explained that, because the location where this incident occurred was an open bar, it was difficult to conclude that a sexual intent was involved based solely on a momentary touch of the wrist in such a space.

With respect to the assault charge, the forcible indecent act attorney selected and organized the key circumstances for determining whether assault is established, so that they could be referenced at the investigation stage.

The attorney constructed the opinion centered on whether the unlawful exercise of physical force and the coercion required under Article 260 of the Criminal Act actually existed.

The forcible indecent act attorney noted that this complaint was filed approximately one year after the date the incident occurred.

Considering as well that there was no third party who directly witnessed the situation at the time of the incident, it was necessary to review more strictly the accuracy of memory and the credibility of the statement with respect to a complaint made after a considerable period of time had elapsed.

Accordingly, the forcible indecent act attorney organized and submitted an opinion centered on the point that the complainant's statement, rather than reflecting the situation at the time as it was, could not be ruled out as having been exaggerated after the fact.

What is the crime of forcible indecent act?

The crime of forcible indecent act refers to the crime of committing an indecent act against another person by means of the unlawful methods of assault or intimidation.

Here, an "indecent act" means physical contact that can provoke sexual shame or revulsion in an ordinary person and that constitutes a sexual act difficult to tolerate under generally accepted social norms.

In addition, the "assault or intimidation" referred to in the crime of forcible indecent act need only be sufficient to infringe on the other person's free right of sexual self-determination, and need not necessarily be of a level so strong that the other person cannot resist.

Therefore, even if the outward appearance of the act seems minor, depending on the circumstances or situation in which the act occurred, a light physical touch or the act of grabbing a wrist may also constitute a forcible indecent act.

What is the crime of assault?

Assault refers to the act of unlawfully exercising physical force against a person's body.

Here, assault does not necessarily require direct physical contact, and it may also include verbal abuse, insults, throwing objects, and other acts that approach the body and provoke fear or discomfort.

However, assault is a concept distinct from "bodily injury," which causes a disturbance to the physiological functions of the body, and it differs in that it addresses the exercise of a certain physical force itself.

The levels of punishment for a forcible indecent act and the crime of assault are as follows.

If, like the client in the case above, you are involved in a criminal case on multiple charges, you must respond strategically by distinguishing the issues for each charge from the early stage of the investigation.

Because the scope of the case and the likelihood of punishment can vary depending on the direction of the statements and the timing of the response, it is more important than anything else to examine the facts and legal principles precisely at the initial stage.

Daeryun Law Firm carefully reviews the client's statements and related materials to clearly distinguish the issues for each charge, and establishes a tailored response strategy suited to the nature of the case.

Through accompaniment to investigative interviews, guidance on statements, and the submission of opinions, the firm systematically conveys the facts and legal principles, and provides continuous follow-up assistance from the outset to the end so that the client does not experience unnecessary anxiety and burden.

If you have become involved in a criminal case under circumstances such as the above, please request our assistance through the 🔗Legal Consultation Reservation.