Busan attorney consultation case | Through a Busan attorney consultation, successfully defended against an immediate custodial sentence with a suspended sentence despite three charges

Criminal Act

Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act against another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

Article 297 (Rape) A person who rapes another through violence or intimidation shall be punished by imprisonment for a definite term of not less than 3 years.

Article 297-2 (Imitative Rape) A person who, through violence or intimidation, inserts a sexual organ into the interior of another's body, such as the mouth or anus, or inserts a part of the body, such as a finger, or an object into the sexual organ or anus shall be punished by imprisonment for a definite term of not less than 2 years.

Article 298 (Indecent Act by Compulsion) A person who commits an indecent act against another through violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

Act on Special Cases concerning the Punishment of Sexual Crimes

Article 14 (Filming Using a Camera, etc.)

(1) A person who films the body of another person that may cause sexual desire or humiliation, against the will of the person filmed, using a camera or other mechanical device with a similar function 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 the filmed material or a copy thereof 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, subsequently distributes such filmed material or copy 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.

Through the Busan attorney consultation, Daeryun learned that the victim had ordinarily had strong feelings for the client.

Daeryun argued that on the day the incident occurred as well, the victim, who was a coworker, was the one who first suggested to the client that they have a drink, and proposed that they stay together at lodgings, saying that the buses had stopped running.

Through the Busan attorney consultation, the client also argued that the physical contact was something both parties had mutually consented to, and that it was presumed that the victim afterward proposed dating the client and, when the client declined, filed the complaint in retaliation.

Through the Busan attorney consultation, the client submitted as evidence the victim's text message proposing drinks, the lodging reservation receipt paid for by the victim, and text messages such as the rejection of the confession of feelings.

Through the Busan attorney consultation, Daeryun argued that, although the client mistakenly sent a video of the physical contact with the victim to a chat room with a friend, it was not saved or further distributed anywhere.

The Daeryun Busan attorney submitted as evidence the fact that, according to the digital forensics results, the victim's video had not been saved on the friend's phone or transmitted elsewhere.