Deals & Cases

Indecent Act by Compulsion
Indecent Act by CompulsionNon-Referral

A Gangnam Law Office Case | A Client Charged with an Indecent Act by Compulsion, a Gangnam Attorney Who Secured a Non-Referral Decision

The client was involved in a sexual offense case and sought out a Gangnam attorney handling indecent act by compulsion cases, hoping to obtain a non-referral decision from the police with the office's assistance.

1. The Client's Situation

Daeryun Gangnam Law Office indecent act by compulsion case

The client was booked on a charge of an indecent act by compulsion and came to a Gangnam attorney to entrust the case and have the possibility of punishment reviewed.

The Client Booked on a Charge of an Indecent Act by Compulsion

The client's account is as follows.

After finishing all of the work at the company, the client attended a company dinner with colleagues.

While talking with the colleagues, a coworker, A, approached the client and began making physical contact.

Feeling uncomfortable with A's rude conduct, the client grabbed A's arm to stop this behavior and made clear a refusal.

A short time later, the client was placed in a very distressing situation after being filed against by A on a charge of an indecent act by compulsion.

The client sought out a Gangnam attorney with experience handling numerous 🔗indecent act by compulsion (sexual molestation) cases, hoping to obtain a non-referral decision on the charge of an indecent act by compulsion.

2. Understanding the Crime of an Indecent Act by Compulsion

The client was unjustly involved in a crime of an indecent act by compulsion and wished to clear this charge.

The crime of an indecent act by compulsion is an offense committed when a person commits an indecent act against another through assault or intimidation.

The charge of an indecent act by compulsion is examined in detail below.

What Are the Elements of a Charge of an Indecent Act by Compulsion?

If the following elements are met, the crime of an indecent act by compulsion is committed and may result in serious punishment.

Assault or Intimidation

This applies where the other person is subjected to an indecent act through assault or intimidation.

If the assault itself is recognized as an indecent act, a surprise indecent act also falls under this category.

An Act Against a Person

An indecent act by compulsion is committed only when it is directed against a person.

An Indecent Act

This refers to an act that arouses sexual shame or disgust and runs counter to sexual moral standards.

The Presence of Intent

Intent must be present in the indecent act, and if there is no intent, this crime is not constituted.

What Is the Punishment for the Crime of an Indecent Act by Compulsion?

A person who commits an indecent act against another through assault or intimidation may be punished, under Article 298 of the Criminal Act, by imprisonment for not more than ten years or a fine not exceeding 15 million won.

The crime of an indecent act by compulsion is an offense that infringes on sexual freedom and can cause serious harm to the victim, so the courts punish it strictly.

If a person becomes involved in a crime of an indecent act by compulsion, promptly consulting an attorney can be helpful.

3. The Strategy Established by the Gangnam Law Office

The Gangnam attorney established a thorough strategy centered on the statutes and precedents relevant to the case.

To obtain a non-referral decision from the police on the charge of an indecent act by compulsion, the attorney made the following arguments.

Gangnam Attorney's Assistance ① Arguing That No Indecent Act by Compulsion Occurred

When the complainant tried to make physical contact with the client, the client made clear a refusal and grabbed the complainant's arm.

The client, who found the physical contact uncomfortable, passively restrained the complainant's conduct in order to get out of the situation.

The attorney emphasized that there was no indecent act by compulsion at all and that, on the contrary, the client had been subjected to an indecent act by the complainant.

Gangnam Attorney's Assistance ② Arguing That There Was No Intent to Commit an Indecent Act by Compulsion

The client had no intent to commit an indecent act by compulsion against the complainant, and the objective circumstances were not such that the client could have committed an indecent act by compulsion against the complainant.

In light of the statements of fact and written statements from other employees, the attorney emphasized that there was no charge of an indecent act by compulsion against the client.

Gangnam Attorney's Assistance ③ Arguing That There Was No Evidence to Prove the Offense

Although the complainant claimed to have been subjected to an indecent act by compulsion by the client, there was no objective evidence at all, apart from the complainant's statement, to prove an offense by the client.

The attorney also emphasized that the client, despite never having committed an indecent act against the complainant, was suffering severe mental distress after being involved in this case.

4. The Result of the Gangnam Law Office's Assistance: Non-Referral

Accepting the arguments of the Gangnam Law Office, the police ultimately issued a non-referral decision on the charge of an indecent act by compulsion.

Having brought the case to a prompt close through the non-referral decision, the client expressed deep gratitude to the Gangnam Law Office.

If You Are Involved in a Charge of an Indecent Act by Compulsion

If you are placed in an unjust situation in a sexual offense case, it is recommended to systematically gather evidence and prepare a prompt response with the assistance of an attorney.

Sexual offense cases are treated as socially sensitive matters, so the assistance of an attorney can be especially helpful.

At Daeryun, 🔗sexual offense attorneys with experience handling numerous crimes of an indecent act by compulsion provide one-stop legal services and actively assist clients.

If you need solid preparation to defend against punishment for a sexual offense, you are welcome to come to the Gangnam Law Office for assistance at any time.

강남법률사무소 조력 사례 | 강제추행 혐의 의뢰인, 불송치 처분으로 방어

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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