Sexual Molestation Specialist Lawyer | Case Obtaining a Non-referral Decision on a Sexual Molestation Charge

The attorney handling sexual molestation cases set out to establish the facts in order to assist the client in clearing the unfounded suspicion promptly.

The employee who filed the complaint against the client was a married woman who had reportedly been working at the client's bar without her husband's knowledge.

One day, the employee was found out by her husband to be working at the bar and said she would quit, and the client, understanding her situation, helped process her resignation.

A few days later, however, the employee sent the client threatening messages asking why the client was speaking ill of her, and stating that she would file a complaint unless a settlement payment was made.

Bewildered, the client asked how she could file a complaint when the client had never spoken ill of her and had done nothing wrong, but the employee, leaving only the words that she had evidence that the client had molested her and would file a complaint for sexual molestation, then cut off contact.

The client had never committed any act of molestation, but out of fear, the client continued to reach out, remitted a settlement payment, and obtained a settlement agreement stating that no civil or criminal liability would be pursued.

Afterward, the employee, despite the settlement agreement remaining in effect, took only the settlement payment and filed a complaint against the client on suspicion of sexual molestation, and so the client sought out the attorney handling sexual molestation cases and requested assistance.

Sexual molestation is punishable under the Criminal Act by imprisonment of up to 10 years or a fine of up to 15 million won.

However, where mitigating or aggravating factors exist under the Sentencing Commission's sentencing guidelines, punishment at the following levels may be imposed.

To obtain mitigation of a sexual molestation charge, the following factors must be met. Because it is not easy for an individual to assess his own case and identify mitigating factors, seeking the assistance of a sexual molestation attorney may be advisable.

▶Mitigating factors for sexual molestation

The sexual molestation attorney assisted the client by collecting the CCTV footage from the day of the incident relied upon by the employee who filed the complaint against the client.

According to that footage, the client often maintained a close relationship with the bar employees and engaged in light physical contact with them.

The sexual molestation attorney emphasized that the same was true of the employee who filed the complaint against the client, and that, with light physical contact such as patting the shoulder and back, the client had no intention whatsoever of obtaining sexual gratification from that employee.

The sexual molestation attorney emphasized that the complainant was making a false accusation in order to extract a settlement payment from the client.

The complainant threatened and intimidated the client to extort a settlement payment and prepared the settlement agreement in this case, and the complainant also filed a complaint containing false statements, thereby causing the client distress.

The client stated that, due to the complainant's false accusation, the client was suffering mental distress that made daily life impossible, and the client intends to later file a complaint against the complainant for false accusation.

The sexual molestation attorney cited the following precedent to emphasize that, while an indecent act by compulsion requires recognition of both ‘the indecent act and the criminal intent for it,’ the client had no ‘criminal intent to commit an indecent act’ whatsoever.

▶Supreme Court Decision 2014Do4447