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Indecent act by compulsion against a person with disability, etc.
Indecent act by compulsion against a person with disability, etc.Suspended sentence

A Sentence-Reduction Case with a Suncheon Criminal Defense Attorney | With the Assistance of a Suncheon Criminal Defense Attorney, the Original Judgment for an Indecent Act by Compulsion Was Reversed and a Reduction to a Suspended Sentence Was Obtained

The client who came to the Suncheon criminal defense attorney had received a sentence of imprisonment at the lower court for an indecent act by compulsion, and sought out an attorney at the Suncheon office with extensive experience in criminal trials in order to proceed with an appeal.

1. The Circumstances Under Which the Client Came to the Suncheon Criminal Defense Attorney

The client who came to the Suncheon criminal defense attorney, having been detained as a result of the lower court's judgment, sought to obtain the assistance of an attorney at the Suncheon office in order to reduce the punishment through an appeal.

The Client Who Requested Assistance from the Suncheon Criminal Defense Attorney

The client who requested assistance from the Suncheon criminal defense attorney was volunteering as a driver providing transportation for persons with disabilities at an organization.

One day, a woman with a disability confided a concern to the client.

In this process, while comforting the woman by stroking her and holding her hand, the client forcibly kissed her and thereby committed an indecent act.

On another day, while the client was transporting two women, the client continuously directed at the two of them sexual harassment that caused them shame.

Ultimately, the client was subjected to a criminal complaint and received a sentence of imprisonment at the lower court and was detained.

The client, who considered the sentence to be too heavy, requested assistance from the Suncheon criminal defense attorney in order to proceed with an appeal and obtain a reduction of the sentence.

Applicable Statutes Explained by a Suncheon Criminal Defense Attorney

■ Penalty Levels for Indecent Act by Compulsion Against a Person With Disability, Explained by a Suncheon Criminal Defense Attorney

Rape, Indecent Act by Compulsion, and Other Offenses Against a Person With Disability (Article 6)

1. A person who commits an offense under Article 297 (Rape) of the Criminal Act against a person with a physical or mental disability shall be punished by life imprisonment or imprisonment with labor for not less than seven years.

2. A person who, through assault or intimidation, commits any of the following acts against a person with a physical or mental disability shall be punished by imprisonment with labor for a definite term of not less than five years.

① The act of inserting a sexual organ into the inside of a body, such as the mouth or the anus (excluding the sexual organ)

② The act of inserting part of a body, such as a finger (excluding the sexual organ), or a tool into the sexual organ or the anus

3. A person who commits an offense under Article 298 (Indecent Act by Compulsion) of the Criminal Act against a person with a physical or mental disability shall be punished by imprisonment with labor for a definite term of not less than three years or a fine of not less than 30 million won and not more than 50 million won.

4. A person who has sexual intercourse with or commits an indecent act against another person by taking advantage of a state of inability to resist or difficulty in resisting due to a physical or mental disability shall be punished in accordance with paragraphs 1 through 3.

5. A person who has sexual intercourse with a person with a physical or mental disability through deceit or coercion shall be punished by imprisonment with labor for a definite term of not less than five years.

6. A person who commits an indecent act against a person with a physical or mental disability through deceit or coercion shall be punished by imprisonment with labor for a definite term of not less than one year or a fine of not less than 10 million won and not more than 30 million won.

7. Where the head of, or a worker at, a facility intended for the protection or education of persons with disabilities commits any of the offenses under paragraphs 1 through 6 against a person with a disability under their protection or supervision, the penalty prescribed for the relevant offense shall be increased by up to one half.

2. Assistance Provided by the Suncheon Criminal Defense Attorney

The Suncheon criminal defense attorney formed a team of professionals specializing in criminal trials and developed a strategy in order to seek a reduction of the client's sentence.

The Suncheon Criminal Defense Attorney Argued That the Client Acknowledged the Offense and Was Showing Remorse

The Suncheon criminal defense attorney submitted the client's written apology and the settlement agreement with the victims and thereby established the following argument.

The attorney also emphasized that the client fully acknowledged the wrongdoing and was deeply remorseful.

With a sincere intention to apologize to the victims, the client provided compensation and a written apology for the recovery of the harm.

The attorney argued that the client was currently serving in detention while reflecting deeply each day, and requested leniency.

The Suncheon Criminal Defense Attorney Argued That the Client Had No Prior Criminal Record

The Suncheon criminal defense attorney submitted letters of appeal from family members and acquaintances, along with the client's certificates of commendation, and emphasized the following argument.

Before this case, the client had lived as a diligent head of the household with no criminal record of any kind.

The attorney argued that the client's family members and acquaintances, who were well aware of this, were submitting appeals in the hope of leniency, and earnestly requested that they be given an opportunity to return to the family.

3. Result of the Suncheon Criminal Defense Attorney's Assistance: "Suspended Sentence"

Daeryun Law Firm Suncheon Criminal Defense Attorney Sentence Reduction Case

The court, accepting the Suncheon criminal defense attorney's submissions, rendered the following judgment: "The judgment of the lower court is reversed. The defendant is sentenced to imprisonment with labor for three years. However, the execution of the above sentence is suspended for four years from the date this judgment becomes final."

The Suncheon Criminal Defense Attorney Obtained a Sentence Reduction After Reversal of the Lower Court Judgment

The client in this case, who came to the Suncheon criminal defense attorney, had been charged with indecent act by compulsion through a criminal complaint and had received a sentence of imprisonment with labor.

Through the Suncheon criminal defense attorney's advocacy, the lower court judgment was reversed, the client received a suspended sentence, and the client was able to return to the family.

At Daeryun, an attorney with extensive experience in criminal trials assists clients with their cases and works to obtain the greatest possible leniency.

If you wish to seek a reduction of punishment in a situation similar to the case above, please request a consultation with the Suncheon criminal defense attorney at Daeryun Law Firm.

순천형사변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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