Gyodae Law Firm Assistance Case | Suspended Sentence for Indecent Act Against a Minor With Gyodae Law Firm's Assistance

The client committed an indecent act against the biological daughter of his girlfriend.

The client's girlfriend was living with her daughter after a divorce.

She began dating the client and invited him to her home.

The client visited his girlfriend's home and greeted her daughter.

The client and his girlfriend drank together.

After drinking, while they were all sleeping, the client touched his girlfriend's daughter.

Ultimately accused of committing an indecent act by compulsion against a minor, the client requested the assistance of the Gyodae law firm.

The Gyodae law firm explained in detail that committing an indecent act against a minor falls under the 🔗Act on the Protection of Children and Youth against Sexual Abuse.

▶ Act on the Protection of Children and Youth against Sexual Abuse, Article 2 (Definitions)

The terms used in this Act are defined as follows.

A "child or youth" under this Act means a person under 19 years of age.

However, this excludes a person who has reached January 1 of the year in which he or she turns 19.

When the victim is a minor under 13 years of age, the following punishment may be imposed.

▶ Act on Special Cases concerning the Punishment of Sexual Crimes

Article 7 (Rape, Indecent Act by Compulsion, etc. Against a Minor Under 13) ​

① A person who commits an offense under Article 297 (Rape) of the “Criminal Act” against a person under 13 years of age shall be punished by life imprisonment or imprisonment for at least 10 years.

② A person who, by violence or intimidation, commits any of the following acts against a person under 13 years of age shall be punished by imprisonment for a definite term of at least 7 years.

※ The act of inserting one's genitals into the inside of the body, such as the mouth or anus (excluding the genitals)

※ The act of inserting part of one's body, such as a finger (excluding the genitals), or a tool into the genitals or anus

③ A person who commits an offense under Article 298 (Indecent Act by Compulsion) of the “Criminal Act” against a person under 13 years of age shall be punished by imprisonment for a definite term of at least 5 years or a fine of at least 30 million won but not more than 50 million won.

④ A person who commits an offense under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the “Criminal Act” against a person under 13 years of age shall be punished in accordance with paragraphs 1 through 3.

⑤ A person who, by deceit or coercion, has sexual intercourse with or commits an indecent act against a person under 13 years of age shall be punished in accordance with paragraphs 1 through 3.

* The level of punishment may vary depending on individual circumstances, so if you would like to review the details, please seek a 🔗legal consultation with an attorney.

The client acknowledged all of the facts of the offense and showed remorse.

The Gyodae law firm argued that the client had pledged never to commit such an act again.

The client and the victim's mother had maintained a romantic relationship and recently married.

The Gyodae law firm argued that the victim's mother decided to marry after seeing the client's remorseful attitude.

The Gyodae law firm emphasized that, by marrying the victim's mother, the client had formed a close relationship with the victim.

It noted that the victim called the client “Dad” and that they had become a close father-and-daughter pair.

The client was able to receive a suspended sentence in a case involving an indecent act by compulsion against a minor through the assistance of the Gyodae attorney.

In the case of an indecent act by compulsion against a minor, the level of punishment may increase under the influence of the Act on the Protection of Children and Youth against Sexual Abuse.

For this reason, it is recommended to request the assistance of an attorney from the early stages.

At Daeryun, attorneys experienced in this area assist clients in collaboration with the 🔗Evidence Examination·Digital Forensics·Security Groups.

If you are in a situation similar to that of the client, please visit the Gyodae law firm.