Daejeon Attorney Recommendation | Case Concluded With a Suspension of Indictment Despite Three Charges Including Quasi-Imitative Rape

The client, an office worker, found that the incident began at a company dinner with colleagues.

The client, who was usually on friendly terms with his colleagues, drank and talked at the dinner, and during this time a naturally close atmosphere formed between him and the victim.

However, at the time the client had been drinking, and the victim was also intoxicated and her consciousness was hazy.

After the dinner ended, the client offered to take her home in his vehicle, and the victim agreed.

The victim later reported to the police, stating that the client had touched her body without consent while she was intoxicated and had filmed her using a camera.

The client who received a Daejeon attorney recommendation was implicated in charges of quasi-imitative rape, quasi-indecent act by compulsion, and illegal filming using a camera.

1. What is imitative rape?

Imitative rape means the act of, by violence or intimidation, inserting one's sexual organ into the inside of a person's body (excluding the sexual organ), such as the mouth or anus, or inserting part of one's body (excluding the sexual organ), such as a finger, or an instrument into a person's sexual organ or anus.

In the case of imitative 🔗rape, the person may be punished under the Criminal Act by imprisonment for a definite term of not less than two years.

2. What is an indecent act by compulsion?

An indecent act by compulsion means committing an indecent act against a person by violence or intimidation.

If an 🔗indecent act by compulsion is found, the person may be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.

*A quasi-offense is one in which the act is carried out by taking advantage of the victim's state of unconsciousness or inability to resist.

3. What is the offense of illegal filming using a camera?

It means the offense of using a camera or other device with a similar function to film, against the will of the person filmed, a person's body that may cause sexual desire or shame.

If 🔗illegal filming using a camera is found, the person is punished by imprisonment for not more than seven years or by a fine not exceeding fifty million won.

If a person subsequently distributes such a recording or a copy of it against the will of the person filmed, that person may be punished by imprisonment for not more than seven years or by a fine not exceeding fifty million won.

The client who received a Daejeon attorney recommendation believed that the act had been done by mutual consent, but he felt very sorry that the victim had felt humiliated.

The Daejeon attorney requested leniency, asserting that the client showed deep remorse for his careless conduct and had provided a settlement payment for the victim's recovery.

The client who received a Daejeon attorney recommendation did film the video of physical contact with the victim, but he did not further distribute it anywhere.

The Daejeon attorney requested leniency, asserting that the video was stored only on the client's mobile phone and had not been sent or distributed anywhere.