[Gunsan Sex Crime Attorney Defense Case] Gunsan Sex Crime Attorney Obtains a Decision Not to Prosecute for Indecent Act by a Relative

In the consultation with the Gunsan sex crime attorney, the client described the injustice of the situation.

The client was in the middle of a divorce suit based on the wife's fault.

In this situation, the client's own daughter suddenly filed a complaint claiming that the client had committed an indecent act by compulsion.

The daughter, a minor, stated that she had been subjected to an indecent act by compulsion on the way home after going to a karaoke room alone with the client.

Because this was not true, the client was placed in a bewildering situation.

The client thought that the client's wife had likely directed the daughter to file the complaint in order to gain an advantageous position in the divorce suit.

In this situation, the client sought to establish that there was no offense by any means, and visited the Gunsan office to request assistance from the sex crime attorney.

▶ A person who commits an indecent act by compulsion or a quasi-indecent act by compulsion is punished under the following provisions of the Criminal Act.

Criminal Act Article 298 (Indecent Act by Compulsion)

A person who commits an indecent act against another by violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

Criminal Act Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act against another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished under Articles 297, 297-2, and 298.

▶ Where a person in a relative relationship commits a sexual crime such as an indecent act by compulsion, that person is punished as follows.

Act on Special Cases concerning the Punishment of Sexual Crimes Article 5 (Rape, etc. by a Relative)

(1) Where a person in a relative relationship rapes another by violence or intimidation, that person shall be punished by imprisonment for a definite term of at least 7 years.

(2) Where a person in a relative relationship commits an indecent act by compulsion against another by violence or intimidation, that person shall be punished by imprisonment for a definite term of at least 5 years.

(3) Where a person in a relative relationship commits the crime under Article 299 of the "Criminal Act" (quasi-rape, quasi-indecent act by compulsion) against another, that person shall be punished under paragraph (1) or (2).

(4) The scope of relatives under paragraphs (1) through (3) shall be blood relatives and relatives by marriage within the fourth degree of kinship and relatives living together.

(5) The relatives under paragraphs (1) through (3) include relatives by a de facto relationship.

Under the 'Act on Special Cases concerning the Punishment of Sexual Crimes,' the charge is established where a person in a relative relationship commits an indecent act by compulsion against another by violence or intimidation.

The client, however, did not commit an indecent act by compulsion through violence or intimidation against the complainant, who is in a relative relationship.

The sex crime attorney at the Gunsan office therefore argued that the charge against the client was not established.

The only evidence capable of establishing the charge against the client is the complainant's statement.

The complainant's statement, however, is contradictory and lacks consistency.

The sex crime attorney at the Gunsan office therefore argued that there was no evidence capable of establishing the charge against the client.

The client and the complainant had been exchanging gifts through an online messenger until recently.

Accordingly, the sex crime attorney at the Gunsan office argued that the client maintains an ordinary, amicable father-daughter relationship with the daughter to this day.

The case above involved a client who was wrongfully accused by the client's own daughter of an indecent act by compulsion and requested assistance from the Gunsan sex crime attorney.

If you are wrongfully involved in a sex crime, it is advisable to defend against punishment with the assistance of a specialized attorney.

If, as above, you are involved in a sex crime and need assistance, you may entrust the case to the Gunsan sex crime attorney of Daeryun Law Firm at any time.