Cheongju Law Firm Assistance Case | With the Cheongju Law Firm's Assistance, a Client Charged With Indecent Act by Compulsion Receives Non-Prosecution

The client who came to the Cheongju law firm, a police officer, was charged with committing an indecent act by compulsion against the victim, a fellow police officer.

The client was a senior in the same squad as the victim, and because there was little difference in their ages, they quickly became close.

As a result, they joked with each other and grew close, like friends.

While living together in the barracks, all of them exchanged behavior such as sexual jokes and descriptions of sexual acts.

However, the victim filed a complaint against the client, alleging that the client had repeatedly engaged in behavior that appeared to be sexual acts during nighttime sleeping hours.

Accordingly, the client, who was the subject of a complaint for an indecent act by compulsion, requested assistance from the Cheongju law firm in order to defend against punishment.

The Cheongju law firm explained the level of punishment for 🔗forcible indecent act.

▶ Criminal Act Article 298 (Indecent Act by Compulsion)

A person who commits an indecent act against another by violence or intimidation shall be punished by imprisonment for up to 10 years or a fine of up to 15 million won.

At this point, if a person commits an indecent act against another by taking advantage of a state of unconsciousness or inability to resist, rather than by violence or intimidation, the charge of quasi-indecent act by compulsion applies.

▶ 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 state of unconsciousness or inability to resist shall be governed by Articles 297, 297-2, and 298.

▶ Article 300 (Attempts)
Attempts under Articles 297, 297-2, 298, and 299 shall be punished.

*The details may vary depending on individual circumstances, so for an accurate review, please obtain a 🔗legal consultation with an attorney.

The client and the victim were senior and junior serving together, using beds side by side in the barracks, and they had a quite close relationship.

The Cheongju law firm argued that, based on this close relationship, the two had merely been joking with each other.

The client frequently exchanged sexual jokes not only with the victim but also with fellow members of the same barracks.

The Cheongju law firm emphasized that the victim, too, made sexual jokes to the client, and recognized that such conduct was joking.

The Cheongju law firm addressed whether the offense of forcible indecent act was committed.

For a forcible indecent act to be committed, requirements such as intent and the exercise of physical force must be satisfied.

However, the firm argued that the client had no intent, and that it was difficult to regard the conduct as an exercise of physical force, given that it was joking within a close relationship.

The client who came to the Cheongju law firm was the subject of a complaint on a charge of indecent act by compulsion, but with the assistance of a Cheongju attorney, the client received a non-prosecution decision and successfully defended against punishment.

At Daeryun, attorneys oversee cases and assist clients.

If you have become involved in a charge of indecent act by compulsion, please consider receiving assistance from a Daeryun 🔗Cheongju attorney, who provides help at each stage of a case, including the investigation, trial defense, settlement, and conciliation.