Suspension of Indictment for Sexual Molestation Assistance Case | Securing Evidence Through Digital Forensics to Succeed in Obtaining a Suspension of Indictment for Sexual Molestation

The client who came to Daeryun seeking a suspension of indictment for sexual molestation was facing an allegation of sexual molestation arising from a misunderstanding on the part of the woman involved.

After a club gathering ended, the client was moving on foot to return home.

As he walked, the client tripped on a protruding paving block and was about to fall, so he grabbed a woman in front of him and barely managed to right himself.

Because he grabbed near the woman's buttocks as he stood up in order to avoid falling, he was reported for sexual molestation.

Seeking to defend against the matter by analyzing the CCTV footage of the scene to prove that it had not been intentional and that he was innocent, the client came to Daeryun's sexual molestation attorney.

■ Act on Special Cases concerning the Punishment of Sexual Crimes
Article 11 (Molestation in a Crowded Place)
A person who molests another person in a means of public transportation, a place of performance or assembly, or any other place where the public (公眾) is crowded shall be punished by imprisonment for not more than three years or a fine not exceeding 30 million won.

■ Criminal Act

Article 298 (Indecent Act by Compulsion)
A person who commits an indecent act against another person through violence or intimidation shall be punished by imprisonment for not more than ten years or a fine not exceeding 15 million won.

Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)
A person who has sexual intercourse with or commits an indecent act against another person by taking advantage of the person's condition of unconsciousness or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

To obtain a suspension of indictment for sexual molestation, a request for assistance in securing decisive evidence was made to Daeryun's digital forensics center.

The CCTV that captured the client grabbing the woman's body had been installed at some distance in order to film the entire street.

In order to secure a specific image, the footage was enlarged to show only a particular portion and adjusted to the slowest speed so that it could be examined in detail.

Based on the digital forensics results, the sexual molestation attorney argued, in order to obtain a suspension of indictment for sexual molestation, that the client had not touched the female passerby's body intentionally.

To obtain a suspension of indictment for sexual molestation, Daeryun's sexual molestation attorney argued that the client had merely grabbed the person in front of him instinctively when he was about to fall.

The person in front happened to be a woman, and because the client grabbed near the woman's buttocks in order to avoid falling, he was reported for sexual molestation.

In order to obtain a suspension of indictment, the sexual molestation attorney emphasized that the client's action had not been undertaken for the purpose of sexual molestation.

Suspension of indictment for sexual molestation To obtain such a disposition, Daeryun assembled a team of sexual molestation attorneys with extensive experience in such cases and assisted with the matter.

In addition, a request for examination was made to the digital forensics center, and the CCTV footage was analyzed to argue that the client had not touched the woman's body for the purpose of sexual molestation.

As a result, the prosecution accepted Daeryun's arguments, and the client was able to receive a suspension of indictment for sexual molestation.

If you have a concern arising from a situation similar to this case, we invite you at any time to 🔗consult with a sexual molestation attorney at Daeryun LLC.