Uijeongbu Law Firm | Representing a Juvenile Subject to Protective Measures Charged With Indecent Act by Compulsion, Special Assault, and Extortion, Resulting in a Lighter Disposition

The client of the Uijeongbu law firm was a juvenile subject to protective measures who, having committed the offenses of indecent act by compulsion, special assault, and extortion, faced the risk of a disposition of referral to a juvenile reformatory.

The client and the victim, a juvenile referred to as A, were schoolmates at the same school. The client entered A’s lodging, locked the door, and coerced A into engaging in masturbation.

It is reported that the victim, frightened by this force, engaged in masturbation on two occasions.

In addition, the client of the Uijeongbu law firm habitually assaulted the victim using a flyswatter.

Finally, the client threatened the victim that he would beat him unless he bought him a bag, and thereby received property from the victim.

Criminal Act Article 298 (Indecent Act by Compulsion)

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

Criminal Act Article 261 (Special Assault)

When a person commits the crime under Article 260 (1) or (2) by displaying the force of a group or a multitude, or by carrying a dangerous object, the person shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 10 million won.

Criminal Act Article 350 (Extortion)

(1) A person who, by extortion of another, takes property or obtains a pecuniary benefit shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

(2) The same punishment as in the preceding paragraph shall apply to a person who, by the method in the preceding paragraph, causes a third party to take property or to obtain a pecuniary benefit.

The client of the Uijeongbu law firm had committed offenses for which a sentence of imprisonment could be imposed under the Criminal Act; however, because the client was a juvenile subject to protective measures, he faced the risk of referral to a juvenile reformatory under the following dispositions.

1. Entrustment to the custody of a guardian or of a person who can protect the juvenile in place of a guardian
2. An order to attend a course
3. An order to perform community service
4. Short-term probation by a probation officer
5. Long-term probation by a probation officer
6. Entrustment to the custody of a child welfare facility under the “Child Welfare Act” or another juvenile protection facility
7. Entrustment to a hospital, a sanatorium, or a juvenile medical protection facility under the “Act on the Treatment of Juveniles Subject to Protective Measures”
8. Referral to a juvenile reformatory for not more than one month
9. Short-term referral to a juvenile reformatory
10. Long-term referral to a juvenile reformatory

The Uijeongbu law firm undertook the client’s defense.

Having heard the defense of the Uijeongbu law firm, the court imposed on the client only a lighter disposition, such as entrustment to the custody of a guardian.

The Uijeongbu law firm prevented the referral to a juvenile reformatory of a client who had committed a serious offense.

At Daeryun Law Firm (LLC), 🔗attorneys specializing in this area with extensive experience in cases like the client’s provide assistance with the case.

If you are facing a similar situation and at risk of punishment, you are welcome to visit Daeryun’s Uijeongbu law firm.