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Indecent Act by Compulsion, Violation of the Act on the Punishment of Stalking Crimes

Indecent Act by Compulsion, Violation of the Act on the Punishment of Stalking CrimesNon-Prosecution

Incheon Sex Crime Attorney Assistance | Non-Prosecution for a Client Charged With an Indecent Act by Compulsion and Stalking

2025.01.21고병준

The client who consulted an Incheon sex crime attorney had been referred to the prosecutors' office on charges including an indecent act by compulsion. The client sought to retain an attorney in Incheon with extensive experience in sex crime cases.

1. Background of the Case Handled by the Incheon Sex Crime Attorney

The client who consulted an Incheon sex crime attorney had been unfairly accused of committing a sex crime, underwent a police investigation, and was then referred to the prosecutors' office.

To defend against the charges as much as possible, the client looked for an attorney with extensive experience in sex crime cases and visited the Incheon office.

The Client's Situation

The client had previously dated a coworker at a former workplace, and after they broke up, the client changed jobs.

The client then happened to run into the former partner again, they began talking, and that encounter led them to exchange contact a few more times.

The client naturally came to think that the former partner also had feelings for the client, so the client contacted the former partner more frequently, and they sometimes met in person.

On the day of the incident, the client had drinks with the former partner and then went to the former partner's home to talk further, and the client sensed that they might become a couple again.

As they continued talking and it grew late, the client fell asleep in the same bed as the former partner.

The next day, the client left the former partner's home as usual, but the former partner suddenly reported the client to the police for an indecent act by compulsion and stalking.

The client tried to talk with the former partner, but when the former partner would not respond, the client came to an Incheon sex crime attorney to resolve the matter with legal assistance.

2. Case-Related Information Explained by the Incheon Sex Crime Attorney

Stalking and an indecent act by compulsion, the charges against the client, are offenses for which social awareness is steadily increasing, so punishment is also becoming more severe, and they require caution.

In particular, with stalking and an indecent act by compulsion, even mere contact or an attempted indecent act can constitute an offense and be punishable, so particular care is advised.

If a person is charged with an indecent act by compulsion, the victim's statement and the evidence regarding the circumstances of the incident play a decisive role in whether the offense is committed, and remorse, settlement, and the degree of intent afterward affect sentencing.

Statutes on the punishment of an indecent act by compulsion

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

In the case of stalking, an offense can be committed when a person continues to contact, follows, or waits at the residence of a victim against the victim's will, so the victim's intent is a decisive factor in whether the offense is committed.

Statutes on the punishment of stalking

Article 18 of the Act on Punishment of Crime of Stalking (Stalking)
(1) A person who commits stalking may be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.

An indecent act by compulsion and stalking can leave a victim with severe stress, shame, and lasting effects, so the punishment is often heavy.

For that reason, if a person is charged with an indecent act by compulsion and stalking, rather than judging the matter alone and simply denying the charges, it is important to seek advice from an attorney with extensive experience in related cases.

3. The Incheon Sex Crime Attorney's Assistance to the Client

The Incheon sex crime attorney closely examined the circumstances before and after the incident, and then mounted a defense so that the client would not be unfairly punished.

The Incheon Sex Crime Attorney's Argument (1): No Act Against the Victim's Will

The client had never once continued to contact or visit the victim despite the victim's refusal; all contact was mutual or followed an arrangement to meet.

The messages and contact records that could prove this all remained, and they were submitted as evidence.

The Incheon sex crime attorney argued that, because the client had not acted against the victim's will, there was no stalking offense.

The Incheon Sex Crime Attorney's Argument (2): No Use of Force

On the day of the incident, the client had fallen asleep alongside the victim and merely touched the victim's body while half asleep, and never intentionally committed an indecent act against the victim.

The Incheon sex crime attorney emphasized that, because there was no intent or use of force in the client's conduct, an indecent act by compulsion was not constituted.

4. Result of the Incheon Sex Crime Attorney's Assistance

The prosecutors accepted the Incheon sex crime attorney's arguments, recognized that the client had committed no offense and that the evidence was insufficient, and issued a non-prosecution decision.

If a person is accused of an indecent act by compulsion and stalking, the offense can be committed on the basis of the victim's statement and circumstantial evidence alone, so it is important to defend against this through specific evidence gathering.

At Daeryun Law Firm, attorneys work with a 🔗evidence examination service in an effort to develop the most suitable strategy.

If you are facing a similar matter, consulting an attorney can be helpful, and you may use the 🔗legal consultation booking to arrange one.

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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