Busan Criminal Attorney Defense Case | Helping a Client Charged With Sexual Molestation Obtain a Suspended Sentence

2025.03.05고병준

The client faced punishment on a charge of committing molestation in a public place, and visited the Busan office in search of an attorney experienced in criminal cases in order to be defended.

1. The Client's Situation

The client was indicted on a charge of committing molestation in a crowded place and was at risk of criminal punishment.

Seeking legal help to defend against the punishment, the client visited the Busan office in search of an attorney experienced in criminal cases.

The Client’s Account

On the way to work, when the subway became crowded, the client made a momentary error in judgment and molested a passenger standing in front of him.

The victim immediately reported the client to the police, and the police conducted an immediate investigation.

The client at first denied all of the facts and the charge, but during the police investigation, evidence such as CCTV was found, and after referral to the prosecutors’ office, this led to an indictment, leaving the client facing a criminal trial.

Hoping to avoid at least an actual custodial sentence if possible, the client came to an attorney experienced in criminal cases in Busan and requested help.

2. Case-Related Information Explained by the Busan Criminal Attorney

The client’s charge, molestation in a crowded place, refers to a molestation crime committed in a place where people are densely gathered, such as public transportation, a performance venue, or an assembly site.

According to Supreme Court precedent, this crime applies not only where physical contact occurs in a place packed with people, but also to any place that is left in a state permanently open to public use.

In other words, even if a space is not congested and crowded, molestation in a crowded place may be committed if it occurs in a public space permanently open to the general public.

If a person is to be criminally punished for molestation in a crowded place, the applicable statute is as follows.

Act on Special Cases concerning the Punishment of Sexual Crimes, Article 11 (Molestation in a Crowded Place)
A person who molests another in public transportation, a performance or assembly venue, or any other place where the public is densely gathered shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.

What Is the Difference From an Indecent Act by Compulsion?

You may confuse this charge with the 🔗crime of an indecent act by compulsion.

For an indecent act by compulsion, coercion through tangible force such as intimidation or assault is an important element of the crime, but molestation in a crowded place can be committed even without such means.

In addition, molestation in a crowded place is a non-complaint offense, for which prosecution is possible even on a report by a third party rather than the victim.

For this reason, if you are implicated in this matter, receiving appropriate help from an attorney experienced in the relevant statutes is a wise approach.

3. The Busan Criminal Attorney’s Assistance to the Client

After conducting a detailed interview with the client, the Busan criminal attorney reviewed the evidence analysis and the relevant precedents and mounted a defense as follows.

Assistance ① Confession and Remorse

In the early stage of the case, the client was so flustered that he denied the charge, but after later reviewing the evidence such as CCTV, he thought carefully about what had happened and came to realize the wrong he had committed.

He then admitted his charge and showed deep remorse for having caused serious hurt to the victim.

The Busan criminal attorney emphasized to the court that the client was sincerely atoning, including by writing a letter of apology and a pledge to eradicate sexual offenses in his own hand.

Assistance ② Low Risk of Reoffending

The client was currently an office worker and a diligent member of society with no prior record of any criminal punishment.

Considering these social ties, the Busan criminal attorney mounted a defense asking for leniency, arguing that a light criminal punishment and a completion order alone could strongly prevent the client from reoffending.

4. The Result of the Busan Criminal Attorney’s Assistance

The court, accepting the Busan criminal attorney’s argument, sentenced the client to a suspended sentence of a fine, and the client, who had been worried about a heavy sentence, was able to succeed in defending against the punishment.

As shown here, if you are implicated in molestation in a crowded place, it is very important to clearly grasp the circumstances of the case and to prepare a corresponding legal strategy.

Denying the charge outright merely because one had no intent carries a high risk of leading to an unfavorable result at trial.

For this reason, if you are facing a police investigation or a criminal trial for such a sexual offense case, it is recommended to promptly request assistance from a professional.

At Daeryun, based on extensive experience handling sexual offense cases, we provide close assistance from the early stage of a case through to after the trial.

If you are troubled by a related issue, we recommend seeking help through the 🔗Legal Consultation Booking.

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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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