Cheongju Indecent Act by Compulsion Attorney Assistance | A Client Charged with Indecent Act by Compulsion Receives a No Prosecution Disposition with Daeryun's Help

The following is the situation at the time of the case of the client who requested assistance from our Cheongju indecent act by compulsion attorney.

The client met friends after a long time and ended up drinking far more than he could handle.

In the course of this, he came to converse with a woman seated next to him, and the client reportedly touched the woman's side without realizing it.

As a result, he was reported by the woman and came to be charged with indecent act by compulsion.

The client reflected on his conduct, saying it had truly been a momentary mistake, and he requested assistance from our Cheongju indecent act by compulsion attorney at Daeryun Law Firm in order to reduce his punishment.

🔗Indecent act by compulsion (sexual molestation) refers to an act of making unilateral physical contact with a non-consenting other person, thereby causing sexual shame.

Our Cheongju indecent act by compulsion attorney informed the client of the charges that could be applied to him and the corresponding punishments.

▣ Criminal Act Article 298 (Indecent Act by Compulsion)

A person who, through violence or intimidation, commits an indecent act against another person shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

▣ 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 person by taking advantage of the other person's condition of mental or physical incapacity or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

▣ Act on Special Cases concerning the Punishment of Sexual Crimes Article 4 (Special Rape, etc.)

① A person who, while carrying a deadly weapon or other dangerous object, or acting jointly with two or more persons, commits the crime under Article 297 (Rape) of the "Criminal Act" shall be punished by life imprisonment or by imprisonment for at least seven years.

② A person who, by the method under paragraph 1, commits the crime under Article 298 (Indecent Act by Compulsion) of the "Criminal Act" shall be punished by imprisonment for a definite term of at least five years.

③ A person who, by the method under paragraph 1, commits the crime under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the "Criminal Act" shall be punished in accordance with paragraph 1 or paragraph 2.

At the time of the case, the client was in a state of diminished mental capacity, having far exceeded the amount he could drink, and the offense occurred spontaneously. Accordingly, our attorney argued that the client had no intent to commit an indecent act and that the contact was so slight that it fell far short of the degree of "indecency" prescribed for the crime of indecent act by compulsion.

As in the argument above, our attorney argued that, however much the client lacked intent to commit an indecent act, the client was, separately from this, sincerely remorseful over the fact that the victim had felt displeasure as a result of his conduct, and that he had conveyed his sincere apology to the victim and sought to remedy the harm, at least financially.

When facing a forcible indecent act charge, blindly denying the charge or appealing one’s sense of injustice can instead worsen the case.

It is necessary to argue for mitigation through clear evidentiary materials. In such situations, seeking the assistance of a specialized attorney is recommended.

Daeryun Law Firm (LLC) holds numerous 🔗cases in which a no prosecution disposition was obtained despite a forcible indecent act charge. If you need assistance with a related matter, please request a legal consultation.