Deals & Cases
[A Gangnam Attorney's Non-Prosecution Case in an Indecent Act by Compulsion Matter] A Non-Prosecution Decision Obtained With the Assistance of a Gangnam Attorney
The client who came to a Gangnam attorney came under investigation on a charge of indecent act by compulsion in connection with an incident involving an acquaintance two years earlier, and sought the help of a Gangnam attorney at the investigation stage.
1. How the Client Came to a Gangnam Attorney
The client who came to a Gangnam attorney was the subject of a criminal complaint for indecent act by compulsion regarding an incident that occurred about two years earlier.
Because it was an event that occurred two years earlier, the client's memory of it was not even clear, and in order to respond, the client requested the help of a Gangnam attorney at Daeryun Law Firm.
The Client Who Requested Assistance From a Gangnam Attorney
On the day the incident occurred, about two years before coming to a Gangnam attorney, the client had been spending time with an acquaintance with whom a friendship had developed while attending the same academy, often sharing personal matters.
Because they understood each other's circumstances well, the client wanted to help, and they grew close, including by working a part-time job together.
Having shared drinks together a few times in this way, one day, as they became intoxicated, they had some physical contact, and the other person requested sexual relations.
Because the client was seeing someone at the time, the client felt that going any further would make the relationship irreversible, so the client stopped and returned home.
The next day, they had a conversation to smooth things over so the situation would not become awkward, and they continued to spend time together at the academy as if nothing had happened.
After the other person began seeing someone, they naturally drifted apart, and about two years later the client became the subject of a criminal complaint for indecent act by compulsion. Taken aback, the client requested the help of a Gangnam attorney at the law firm in order to respond.
The Statutes Relevant to the Case, Explained by the Gangnam Attorney
The Gangnam attorney explains the statutes relevant to the case.
| Article 298 (Indecent Act by Compulsion) | A person who commits an indecent act on another by assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won. |
| Article 300 (Attempts) | An attempt to commit the crime under Article 298 shall be punished. |
| Article 301 (Rape, etc., Causing or Resulting in Injury) | Where a person who commits the crime under Article 298 injures another or causes another to suffer injury, the person shall be punished by imprisonment for life or for not less than 5 years. |
| Article 301-2 (Rape, etc., Causing or Resulting in Death) | Where a person who commits the crime under Article 298 kills another, the person shall be punished by death or imprisonment for life. Where the person causes another to die, the person shall be punished by imprisonment for life or for not less than 10 years. |
2. The Gangnam Attorney's Assistance
Based on the details of the client's consultation, the Gangnam attorney formed a team of three professionals, including an attorney specializing in criminal law, and argued that the client's conduct did not constitute indecent act by compulsion.
The Gangnam Attorney Argued That the Complainant Had Relied on the Client
The Gangnam attorney argued that the complainant had relied heavily on the client emotionally, and that the client had made considerable efforts to help the complainant.
To prove this, the attorney obtained and submitted written statements of fact from acquaintances who had attended the same academy.
The Gangnam Attorney Argued That the Client Had Refused the Complainant's Request for Sexual Relations
The Gangnam attorney argued that it was always the complainant who suggested drinking, the complainant who called the client over, and the complainant who first attempted physical contact.
It was even the complainant who ultimately requested sexual relations, and because the client thought of the complainant like a younger sibling, the client refused the request for sexual relations. The attorney argued that the client had no reason whatsoever to commit an indecent act by compulsion.
The Gangnam Attorney Argued That, After the Incident, They Had Continued as Usual
The Gangnam attorney argued that, the day after the incident occurred, they had met and smoothed over the situation, and that they had continued to get along well as usual.
The attorney argued that the relationship later became distant because the complainant had begun seeing someone, and that it was difficult to understand why the complainant would file a complaint now, about two years after the incident occurred.
3. The Non-Prosecution Decision Obtained by the Gangnam Attorney
The Gangnam attorney strongly argued that the client had no criminal intent to commit an indecent act by compulsion against the victim's will, and the investigative authority accepted all of the Gangnam attorney's arguments and issued a non-prosecution decision.
The Gangnam Attorney's Conclusion of the Case
With the assistance of the Gangnam attorney, the client was able to safely receive a non-prosecution decision from the investigative authority.
The client, who had been investigated when an incident from about two years earlier was brought up again, was able to conclude the case on the ground of insufficient evidence with the help of a Gangnam attorney at Daeryun Law Firm.
As in the client's case, where memory is inaccurate because the incident is from the past and the evidence is not sufficient, it is all the more advisable to receive the help of an experienced attorney with extensive case-handling experience.
Through years of case-handling experience and data in the fields of criminal and sexual offenses, Daeryun Law Firm has built thorough defense strategies, and has prepared responses for a variety of situations.
If you find yourself in a situation similar to the client's, you are welcome to receive the help of a Gangnam attorney at Daeryun Law Firm.
![강제추행_불기소 [강남변호사 강제추행 불기소사례] 강남변호사 조력받아 불기소 받아내](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240508050602397.webp&w=828&q=100)
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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