Dating Violence Attorney | A Suspension of Indictment After Helping a Client Reported for Dating Violence Involving an Indecent Act by Compulsion

The dating violence attorney undertook a thorough review of the facts and a consultation in order to establish the optimal defense strategy suited to the client's situation and the characteristics of the case.

The client and the victim were in a relationship, and on the day of the incident the client and the victim had a serious quarrel.

The client attempted some physical contact, such as embracing the victim, in an effort to reconcile.

When the victim became angry and refused, saying she did not want it, the client, angered in turn, ended up engaging in forced physical contact.

The victim then reported the client for an indecent act by compulsion, leading to the present situation.

Dating violence refers to verbal, emotional, economic, sexual, and physical acts of violence that one party inflicts on the other in a dating relationship.

It is not limited to those who are dating; it also includes relationships in which the parties meet while acknowledging the possibility of a romantic relationship, such as having feelings for each other.

-Verbal and emotional violence:
Cursing or making a person feel threatened with insulting words
Criticizing a person to the point of making them feel worthless

-Controlling violence:
Always checking who a person is with
Restricting how a person dresses
Controlling and interfering with a person's schedule

-Economic violence:
Borrowing money and not repaying it
Forcing payment, such as billing for dating expenses

-Physical violence:
Inflicting physical force, such as forcefully grabbing a wrist

-Sexual violence:
Touching a person's body regardless of their will

In other words, even between dating partners, forcing physical contact against the other party's will may amount to the crime of an indecent act by compulsion and be punishable.

For an 🔗indecent act by compulsion to be established, a person must commit an indecent act through assault or intimidation.

Recently, a Supreme Court precedent held that an indecent act by compulsion is established even by the exercise of physical force against the body alone.

This changed the earlier precedent, which had held that an indecent act by compulsion is established only where there was assault or intimidation severe enough to make it difficult for the victim to resist.

If an indecent act by compulsion is found, a person is liable to imprisonment for up to 10 years or a fine of up to 15 million won.

The attorney argued that the client acknowledged his fault, sincerely apologized to the victim, and did his utmost to remedy the harm.

The dating violence attorney helped the client reach an amicable settlement with the victim.

The attorney submitted the settlement agreement and the statement of no desire for punishment prepared by the victim, and requested leniency.

The client is deeply remorseful for his own ignorance in not having known that such conduct amounted to dating violence.

The client is making his best efforts to prevent reoffending, receiving psychological counseling, gender sensitivity education, and the like.

The dating violence attorney emphasized the client's efforts to prevent reoffending, as described above, and requested leniency.