Gwangju Attorney | Defending a Client Charged with Indecent Act by Abuse of Authority and Rape to Obtain a Finding of No Suspicion of Crime

Act on Special Cases concerning the Punishment of Sexual Crimes Article 10 (Indecent Act by Abuse of Authority, etc., or by 🔗Indecent Act)
① A person who, by deceptive means or by exercise of authority, commits an indecent act against another person under their protection or supervision by reason of an occupational, employment, or other relationship shall be punished by imprisonment for not more than three years or by a fine not exceeding 15 million won.

Indecent act by abuse of authority was punishable by imprisonment for not more than three years or by a fine not exceeding 15 million won.

Criminal Act Article 297 (🔗Rape)

A person who rapes another through assault or intimidation shall be punished by imprisonment for a definite term of at least three years.

Rape was punishable by imprisonment for a definite term of at least three years.

According to the written statements of the Gwangju attorney's client and three of A's coworkers, the client and A had gotten along well in a family-like atmosphere.

It is said that, from the moment the client appeared to be on close terms with another woman who was a real estate broker, A became jealous of the client and spoke ill of him.

In addition, as the company's circumstances subsequently deteriorated and the client had to close the business, A made a false accusation against the client for the purpose of extorting money.

A stated that, out of fear of losing her job, she had no choice but to go into the motel with the client and was raped there.

If that were true, it would be entirely foreseeable that a sexual relationship would be sought given the nature of a motel as a space; the claim that, even after one rape had already occurred, A went into a motel together with the client again without any suspicion does not make sense as a matter of common sense.

It is said that, as the company became troubled, the Gwangju attorney's client and A increasingly spent nights working through to dawn, and that feelings between a man and a woman developed and they grew close.

Considering the contents of their KakaoTalk messages and other materials, they were on terms that anyone would regard as those of a couple; they merely had a sexual relationship by mutual consent, and there was absolutely no fact that the relationship took place by coercion.