Seocho Attorney Consultation | A Client Who Received the Help of a Seocho Attorney Obtains a Non-Prosecution Disposition for an Indecent Act by Compulsion

The client, who came for a Seocho attorney consultation, went to a bar that he frequented with acquaintances and drank.

The client drank more heavily than usual and committed a mistake that should not have been made.

Out of curiosity, the client poked with a finger at a tattoo on the chest area of the victim, who, displeased by this, reported it to the police.

The client, who had been accused of forcibly committing an indecent act against the victim, came for a Seocho attorney consultation at Daeryun in order to defend against the case.

These are the statutes related to a forcible indecent act case, explained during a consultation with a Seocho attorney.

• Punishment for Forcible Indecent Act, Quasi-Indecent Act by Compulsion, and Special Indecent Act by Compulsion

Criminal Act Article 298 (Forcible Indecent Act)

A person who commits an indecent act against another through assault or intimidation 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 by taking advantage of the other person's state of unconsciousness 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 commits the crime under Article 297 (Rape) of the Criminal Act while carrying a deadly weapon or other dangerous object, or jointly with two or more persons, shall be punished by life imprisonment or imprisonment for not less than 7 years.

(2) A person who commits the crime under Article 298 (Forcible Indecent Act) of the Criminal Act by the method set forth in paragraph (1) shall be punished by imprisonment for a definite term of not less than 5 years.

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

• The Difference Between Forcible Indecent Act and Quasi-Indecent Act by Compulsion, Explained by a Seocho Attorney

Forcible indecent act and quasi-indecent act by compulsion carry the same punishment, but the charge differs depending on the conduct used to commit the indecent act against the other person.

If a person commits an indecent act against another through assault or intimidation, the conduct is punished as the “crime of forcible indecent act,” and if a person commits an indecent act against another by taking advantage of a state of unconsciousness or inability to resist, the “crime of quasi-indecent act by compulsion” applies.

The client deeply regrets having committed the offense at issue against the victim, and the client reflects on the wrongdoing.

The client is a first-time offender with no prior criminal punishment, acknowledged all of the wrongdoing, and reached a settlement with the victims.

The client and the victim were already acquainted, and the contact occurred while the client was attempting to press with a finger,

and in light of these circumstances and the area of contact, the attorney argued that there was an aspect indicating the gravity of the offense was generally not very serious.

A person who is punished on a charge related to a forcible indecent act may face imprisonment for not more than 10 years or a fine not exceeding 15 million won.

In cases such as this, the early response is generally the most important factor.

At Daeryun Law Firm, an experienced Seocho attorney conducts the consultation with the client and provides direct assistance with the case from the early stage through to its resolution.

If you are involved in a forcible indecent act case like the one above and need assistance, you may reach out to the Seocho attorney consultation at Daeryun Law Firm.