A Case of Assistance With a Suspension of Indictment for Indecent Act by Compulsion | A Client Suspected of Indecent Act by Compulsion Concluded Without Punishment

In a sex-crime case, if the suspect contacts the victim directly, even an expression of apology may be received as pressure or inducement, and it may be misunderstood as secondary harm.

Accordingly, on behalf of the client, the criminal defense lawyer first confirmed the intentions of the victim's side, coordinated the manner of contact and the terms of settlement, and proceeded with the settlement process.

The client was then able to pay a settlement amount to the victim, and the victim submitted a statement of no wish for punishment stating that she did not want punishment.

Based on these materials, the criminal defense lawyer explained to the investigative authorities that the client had not evaded the matter but had made substantial efforts toward recovery of the victim.

The client was a first-time offender with no prior record of being punished for a sex crime, and at the time of the incident, it was an impulsive act committed while intoxicated and with impaired judgment.

This showed that the client was not someone who had repeatedly caused similar problems, but rather that it was an act done wrongly on the spur of the moment in a particular situation.

On this basis, the criminal defense lawyer asserted to the investigative authorities that the likelihood of the client repeating the same offense was low.

Before the prosecution's questioning, the criminal defense lawyer, together with the client, distinguished the parts he remembered, the parts that were unclear, and the parts that should be acknowledged.

In particular, the lawyer organized matters so that saying "I do not remember" would not appear to be an evasion of responsibility, and assisted the client in stating confirmed facts honestly.

On this basis, the client responded sincerely to the prosecution's questioning, and the criminal defense lawyer explained that this attitude could serve as an important mitigating factor.

The criminal defense lawyer guided the direction of writing so that the client would not stop at merely seeking leniency but could include in the letter of remorse the suffering the victim would have felt and a plan for changing his life going forward.

The client then wrote a letter of remorse deeply repenting his wrongdoing, and his family also submitted a written plea to the effect that they would help with the client's living environment and the prevention of recurrence.

Accordingly, the criminal defense lawyer explained that the client needed to be given an opportunity to live once again as a sincere member of society with the help of his family, and requested a suspension of indictment from the investigative authorities.