Criminal Case Attorney Fees | Elementary School Teacher, Sexual Molestation Allegation, ‘Decision Not to Book the Case’

The sexual molestation attorney set as the core strategy the position that the client's conduct was an unavoidable physical contact for the student's safety in the course of tidying the classroom and guiding the student in leaving for the day, in a state in which there was no intent whatsoever to commit a sexual molestation against the student.

In particular, emphasizing that the ‘intent to commit an indecent act,’ a requirement for the establishment of indecent act by compulsion under the Criminal Act, was not recognized, the attorney submitted objective evidence such as a medical certificate and a hospitalization confirmation relating to the client's bodily pain, and thereby proved that the contact in question had taken place in an unavoidable situation.

Comprehensively reviewing the victim student's particular circumstances and the circumstances before and after the incident, the attorney argued that there was a high probability that this case had originated from a misunderstanding rather than from an intentional offense.

The attorney also organized and conveyed to the investigative agency the fact that there was reasonable doubt regarding the circumstances in which the incident occurred and the process by which the statements were formed.

The sexual molestation attorney communicated with the victim's side to resolve the misunderstanding and secured a statement of no desire for punishment.

The attorney also submitted materials proving the client's customary conscientiousness, such as letters of appeal, prepared so that consistent statements would be made at the police investigation stage, and persuaded the investigative agency of the need for a decision not to book the case.

Indecent act by compulsion against a minor under 13 refers to the commission of an indecent act against a person under the age of 13.

What the offense of indecent act by compulsion is
It is a crime of committing an indecent act against a person by means of assault or threat.

However, according to the precedents, strong assault is not necessarily required, and a surprise contact may also be recognized as an indecent act.

Important Criteria for Legal Determination

Whether it was simple contact or an indecent act with a sexual intent becomes the core criterion for determination.

When a case involves a minor, a finding that the person is a juvenile offender may lead to criminal punishment, so a review of the legal principles and a response to the evidence from the earliest stage are highly important.

Centered on its indecent act attorneys, Daeryun Law Firm collaborates with its Evidence Investigation Center and Digital Forensics Center to provide a systematic response strategy spanning case analysis, the securing of evidence, and the response to the investigation.

As in the actual case, where a mistaken perception of an indecent act or the question of intent becomes the issue, whether the case is booked may be determined by the initial statements and the approach to submitting materials, so a prompt response is necessary.

If you wish to learn about the fees of a criminal case attorney and the methods of response, please 🔗schedule a legal consultation to accurately confirm the issues in the present case and the appropriate course of response.

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