Deals & Cases

Indecent act by compulsion
Indecent act by compulsionNon-referral (police)

Suwon Sexual Molestation Attorney | The Suwon Sexual Molestation Attorney Who Obtained a Final No Charge Disposition in a Case Involving an Indecent Act by Compulsion Against a Fellow Student

The Suwon sexual molestation attorney, as the attorney retained for a sexual molestation case that occurred at a high school in Suwon, assisted the client, who was charged with having committed molestation by touching the victim's body part.

1. Suwon Sexual Molestation Attorney | Case Background

Daeryun LLC Suwon sexual molestation attorney indecent act by compulsion school violence disposition criminal case no suspicion of crime conclusion

The client of the Suwon sexual molestation attorney was a student attending a high school in Suwon and was in a relationship of exchanging jokes on school grounds with a classmate (the victim) with whom he was ordinarily on friendly terms.

One day, however, the victim reported the client for indecent act by compulsion, claiming that the client had touched a private part of the victim's body.

The client argued that it was something done in jest and that the classmate had also reacted with a smile, but the victim's side strongly argued that it was unwanted contact and an indecent act by compulsion.

The troubled client came to the Suwon attorney and requested an examination of evidence and legal assistance.

Suwon Sexual Molestation Attorney, Case Timeline Summary

The Suwon sexual molestation attorney organized the timeline of this 🔗violation of the Act on the Protection of Children and Youth against Sexual Abuse case and arranged the background of how the incident came about.

The victim began an obscene conversation with the client via DM

↓

By mutual consent, the client engaged in an obscene conversation with the victim and they sent each other photographs of their bodies

↓

After school, the client met the victim and attempted an obscene conversation

↓

The victim showed no sign of dislike and, on the contrary, actively continued the conversation

↓

The victim first consented to the client touching her chest area, and they continued sexual conduct

↓

Thereafter, they met about five times in total and continued the act of touching each other's body parts

↓

The victim's sudden school violence report and the filing of a complaint

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The client was criminally booked on suspicion of an indecent act by compulsion and requested assistance from a Suwon attorney

Suwon Sexual Molestation Attorney, Comparison of the Client's and the Victim's Positions

Client's argument

Victim's argument

An accidental physical contact during the course of joking around as usual, as friends do

It was unwanted physical contact and a clear indecent act by compulsion

The victim showed no particular sign of refusal, such as smiling, so it was perceived as joking

The victim was flustered and simply could not respond immediately, but felt discomfort

There was no sexual intent whatsoever, nor any intent to molest

It was judged that an intent capable of causing sexual humiliation could be felt

Engaged in everyday conversation with the victim even after the incident

Could not show it even after the incident, but the discomfort persisted

The victim's statements were reversed several times, and the statements about the situation at the time were ambiguous

The victim's side has consistently complained of the discomfort felt

2. Suwon Sexual Molestation Attorney | Case Analysis

Daeryun Law Firm Suwon sexual molestation attorney forcible indecent act non-referral

The Suwon sexual molestation attorney identified the issues in this case and examined the relevant legal principles.

In particular, the attorney identified that the victim's statement had been reversed several times from the time of the school violence investigation through the 🔗police investigation process, and sought to argue strongly for the possibility of false accusation against the client.

Issues Identified by the Suwon Sexual Molestation Attorney

The Suwon attorney identified the following points at issue.

Issue

Details

Whether the Contact Was by Compulsion

The victim first permitted the contact and thereafter met voluntarily and continued the physical contact

There was no compulsion at this time

Consistency and Credibility of the Victim's Statement

The statement was reversed several times from the school violence investigation through the police investigation and lacked consistency

The explanation of the circumstances on the day was also vague

Whether There Was a Possibility of False Accusation

The victim first attempted an obscene conversation and induced the physical contact

Given that she then abruptly filed a complaint, a false accusation was suspected

The case was judged to be the victim's 🔗false school violence report, and it was necessary to collect 🔗school violence evidence and the like and then to argue the client's false-accusation claim.

Review of the Relevant Legal Principles Undertaken by the Suwon Sexual Molestation Attorney

Even between minors, committing 🔗sexual molestation of a minor results in the following punishment.

Item

Details

Applicable provision

Act on the Protection of Children and Youth (indecent act against a minor under 13)

Statutory sentence

Imprisonment for at least 2 years or a fine of at least 10 million won and not more than 30 million won

Possibility of a concurrent protective disposition

Where the offender is a minor, a protective disposition under the Juvenile Act or criminal punishment may be applied concurrently

In particular, this client had been reported for school violence and was at risk of facing 🔗school violence punishment, so there was a strong possibility of receiving disciplinary action from the school violence committee.


If the client's charges were found to be established in this case, the following disadvantages could follow.

▷ In-school disciplinary measures such as suspension of attendance, completion of special education, and transfer to another school
▷ Disadvantages in college admissions due to entries in the school record
▷ Infringement of the right to learn due to in-school isolation measures, and the like

For this reason, the Suwon sexual molestation attorney needed a thorough analysis of the case in order to establish the client's innocence.

3. Suwon Sexual Molestation Attorney | Assistance Details

Argument

Content

Lack of consistency in the victim's statements

The victim reversed her statements several times regarding the area of contact, the manner of contact, and the like

Conflicting parts also existed between the statements to the school violence committee and to the police

Circumstances suggesting mutual horseplay

The two were on friendly terms and often exchanged playful jokes

Circumstances of joking and laughter passing between them existed on the day of the incident as well

Circumstances suggesting consensual contact

Circumstances existed in which the victim first mentioned or consented to the physical contact

Similar meetings continued on 5 occasions thereafter

Continuation of an ordinary relationship after the incident

Even after the incident, the victim continued communicating with the client through SNS and in person

She did not express any particular displeasure or intent to refuse

Lack of clear objective evidence

No direct physical evidence whatsoever, such as CCTV, third-party witnesses, or recordings, related to the incident

4. Suwon Sexual Molestation Attorney | Charge of an Indecent Act by Compulsion Against a Fellow Student, Concluded With Non-Referral

Daeryun Law Firm Suwon sexual molestation attorney forcible indecent act no suspicion of crime

Thanks to the assistance of the Suwon sexual molestation attorney, the police that investigated the case concluded it with a no suspicion of crime non-referral.

The police judged that the forcible indecent act charge was difficult to prove based on the victim's statement alone, and found that there was no suspicion, citing the fact that the victim's statement had been reversed.

If, like this client, you are mistakenly suspected of a sex crime after engaging in sexual horseplay between classmates, it would be unfair.

In that case, we recommend resolving the school violence case and the criminal case at the same time through an experienced attorney at Daeryun Law Firm and a 🔗legal consultation appointment.

수원성추행변호사 강제추행 불송치

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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