Criminal Deposit | Using the Criminal Deposit System to Obtain a Minor Fine in an Indecent Act by Compulsion Case Facing the Risk of an Actual Sentence

A criminal deposit is a system under which, when a settlement with the victim cannot be reached or is difficult to reach in a criminal case, the suspect or defendant deposits a certain amount with the court to demonstrate the intention to help the victim recover from the harm suffered.

It may be considered as a sentencing factor in the following respects.

- Willingness to remedy the harm

- Whether there is genuine remorse

- Assessment of the risk of reoffending

- The perspective of victim protection

How a Criminal Deposit Can Be Used in Response

Rather than operating on its own, a criminal deposit often produces a meaningful effect when combined with other sentencing materials.

Penalty Level for Indecent Act by Compulsion

The penalty level for the crime of indecent act by compulsion may vary depending on the age of the victim and the relationship involved.

In cases of indecent act by compulsion, the statutory penalty may vary significantly depending on the age of the victim and the relationship involved, and depending on the case, the possibility of an actual sentence also exists.

Elements of the Crime of Indecent Act by Compulsion

For the crime of indecent act by compulsion to be established, there must be an act of committing an indecent act against a person through assault or intimidation.

Under Article 298 of the Criminal Act, an indecent act by compulsion refers to an act that causes sexual humiliation or disgust against the will of the other party.

The Supreme Court regards the assault or intimidation in the crime of indecent act by compulsion as an exercise of physical force to the extent that it makes resistance by the other party difficult.

In other words, serious assault or intimidation is not necessarily required, and various forms may be recognized depending on the circumstances.

Taking into account that a settlement was difficult to reach, the criminal law attorney promptly carried out the criminal deposit procedure.

To express the intention to remedy the harm in objective terms, a criminal deposit of 10 million won was made with the court, and the deposit certificate and a written opinion were submitted together.

This was used as a sentencing material demonstrating genuine remorse and a willingness to remedy the harm, rather than the mere provision of money.

The criminal law attorney closely analyzed the investigation records and the examination results.

The attorney organized and submitted the examination result showing that the client's genetic material was not identified on the victim's clothing, and presented this as a factor to be taken into account in the sentencing determination, on the ground that direct physical evidence was limited.

By comprehensively organizing and submitting such objective materials, the attorney systematically constructed the circumstances favorable to the sentencing determination.

The criminal law attorney organized and submitted materials on the client's criminal record, job stability, and family relationships, emphasizing that the likelihood of reoffending was low.

In addition, the attorney submitted a sincere written statement of remorse and materials on the client's social relationships in a comprehensive manner, thereby giving concrete substance to the grounds for leniency.

Treating a criminal deposit solely as a means of reducing punishment, or relying on unconditional denial or emotional responses, may instead lead to an unfavorable outcome.

In recent sex offense cases, efforts to remedy the harm and the thoroughness of the sentencing materials operate as important factors in the determination, so a process of strategically reviewing the timing, amount, and method of submission of the criminal deposit is necessary.

In particular, where a settlement is difficult, the sentencing outcome may vary depending on how the criminal deposit is used, so a response direction tailored to the specific case must be carefully designed.

Because the strategy may differ depending on the gravity of the case and the state of the evidence, 🔗scheduling a legal consultation to fully review a response approach suited to your current situation is advisable.