Bucheon Sex Crimes Attorney's Assistance | Client Facing Multiple Charges Including Analogous Rape Receives a ‘No Referral’ With the Assistance of a Bucheon Sex Crimes Attorney

The client who turned to a Bucheon sex crimes attorney requested help from a sex crimes attorney at the Bucheon office in order to respond properly at the early stage of the case and to clear multiple charges, including 🔗analogous rape.

Imitative Rape

Act on Special Cases concerning the Punishment of Sexual Crimes Article 2 (Definitions)

① In this Act, a “sexual crime” means a crime falling under any of the following subparagraphs:

3. Among the crimes of rape and indecent acts under Chapter 32 of Part 2 of the “Criminal Act,” the crimes under Article 297 (Rape), Article 297-2 (Analogous Rape), Article 298 (Indecent Act by Compulsion), Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion), Article 300 (Attempts), Article 301 (Rape, etc. Causing Injury), Article 301-2 (Rape, etc. Causing Death), Article 302 (Sexual Intercourse with a Minor, etc.), Article 303 (Sexual Intercourse by Abuse of Authority, etc.), and Article 305 (Sexual Intercourse with or Indecent Act against a Minor)

Criminal Act Article 297-2 (Analogous Rape)

A person who, by violence or intimidation, inserts the genital organ into the inside of another person's body (excluding the genital organ), such as the mouth or anus, or inserts a part of the body (excluding the genital organ), such as a finger, or a tool into the genital organ or anus, shall be punished by imprisonment for a definite term of at least 2 years.

Illegal Filming Using a Camera

Act on Special Cases concerning the Punishment of Sexual Crimes Article 14 (Filming Using a Camera, etc.)

① A person who, using a camera or any other device with similar functions, films the body of another person that may cause sexual desire or shame, against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.

② A person who distributes, sells, leases, provides, or publicly displays or screens (hereinafter “distribution, etc.”) the filmed material or its copies (including copies of copies; hereinafter the same applies in this Article) under paragraph (1), or who, even where the filming under paragraph (1) was not against the will of the person filmed at the time of filming (including the case of a person who films their own body), subsequently engages in distribution, etc. of the filmed material or its copies against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.

③ A person who, for profit, commits the crime under paragraph (2) against the will of the person filmed by using an information and communications network under Article 2 (1) 1 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.” (hereinafter “information and communications network”) shall be punished by imprisonment for a definite term of at least 3 years.

④ A person who possesses, purchases, stores, or views the filmed material or its copies under paragraph (1) or (2) shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.

⑤ Where the crimes under paragraphs (1) through (3) are committed habitually, the punishment prescribed for the relevant crime shall be increased by up to one half.

Based on the available evidence, the Bucheon sex crimes attorney developed a careful strategy to deny the alleged facts and to conclude the case with a no-referral.

The police accepted the Bucheon sex crimes attorney's arguments and issued a ‘no-referral’ decision.