Deals & Cases

Indecent act by compulsion, etc.
Indecent act by compulsion, etc.Non-referral (police)

Indecent Act by Compulsion Lawyer Assistance | Client in an Indecent Act by Compulsion and Special Assault, Non-referral

The client who consulted an attorney handling indecent act by compulsion cases was booked on suspicion of indecent act by compulsion and special (aggravated) assault, and visited Daeryun seeking, with the assistance of an attorney, to mount a successful defense against punishment.

1. The Client Who Sought an Indecent Act by Compulsion Lawyer

Daeryun indecent act by compulsion attorney forcible indecent act assistance case

This is a case in which the client who came to the indecent act by compulsion attorney faced the risk of being punished for an indecent act by compulsion and special assault, but obtained the systematic assistance of a criminal attorney and concluded the matter with a non-referral.

The Client Involved in a Forcible Indecent Act Charge

The case of the client who requested the assistance of an indecent act by compulsion attorney is as follows.

The client, a cargo transport operator, had briefly parked their vehicle on the shoulder of an alley and was carrying out work on the day of the incident.

Meanwhile, a nearby vehicle's driver asked the client to move the vehicle, but the client thought there was enough space and left the vehicle as it was.

Angered by this, the other party began to raise their voice and protest strongly to the client.

Afterward, the other party reported the client to the police, claiming that they had been subjected to an indecent act by compulsion and special assault.

Placed in an unfair situation, the client came to the indecent act by compulsion attorney to request the assistance of a specialized attorney who had handled many 🔗forcible indecent act (sexual molestation) cases.

2. Indecent Act by Compulsion and Special Assault Explained by an Indecent Act by Compulsion Lawyer

The client implicated on suspicion of indecent act by compulsion and special (aggravated) assault wished to mount a successful defense against punishment with the assistance of an attorney handling indecent act by compulsion cases.

Let us examine the offense of indecent act by compulsion and the offense of special (aggravated) assault in detail.

Sentencing for Forcible Indecent Act and Special Assault

The offense of indecent act by compulsion refers to a crime that is established when a person commits an indecent act against another by assault or intimidation.

The Supreme Court regards the assault or intimidation referred to in this offense as 'the exercise of unlawful physical force against the other person's body, or the communication of harm to a degree that can arouse fear.'

The offense of special assault refers to a crime that is established when a person commits an assault against another's body by displaying the collective force of a group or a multitude, or while carrying a dangerous object.

If the above criminal charges are found established, punishment may be imposed under the following provisions.

Sentencing range for indecent act by compulsion and special assault

Offense

Sentencing range

Indecent act by compulsion
(Article 298 of the Criminal Act)

Imprisonment for not more than 10 years or a fine not exceeding 15 million won

Special assault
(Article 261 of the Criminal Act)

Imprisonment for not more than 5 years or a fine not exceeding 10 million won

3. The Indecent Act by Compulsion Lawyer's Case Response Strategy

Daeryun indecent act by compulsion attorney non-referral case in a special assault offense

The indecent act by compulsion attorney closely reviewed the circumstances of the case and established a tailored response plan. In order to bring about a non-referral decision by the police, the attorney argued as follows.

Indecent Act by Compulsion Lawyer Assistance (1): Arguing That No Special Assault Occurred

The victim claims that the client struck the victim's lower back area with a vehicle.

However, in light of the dashcam footage, it can be confirmed that the vehicle's shaking was due to the engine being started.

The attorney emphasized that it cannot be confirmed whether any collision with the victim occurred, and that, regardless of whether the incident took place, there was no intent to commit assault in the first place, so the offense is not established.

Indecent Act by Compulsion Lawyer Assistance (2): Arguing That No Indecent Act by Compulsion Occurred

The victim, who lightly brushed against the client, claims that the client forcibly committed an indecent act on part of her body.

The victim submitted an audio recording as evidence, but other than screaming and reporting the incident, it cannot be concluded that a criminal act occurred.

It was emphasized that this was a report made by the victim, who was angry at the client, with the intent of retaliation.

Relevant precedent (Supreme Court judgment 2001Do2417)

In the crime of forcible indecent act, an "indecent act" refers to an act that causes sexual shame or disgust and is contrary to sexual moral standards, thereby infringing on the victim's sexual freedom.

Whether an act constitutes an indecent act must be determined by comprehensively considering various circumstances.

4. Result of the Indecent Act by Compulsion Lawyer's Assistance: “Non-referral”

The police, accepting the argument of the forcible indecent act attorney, ultimately issued a 'non-referral' decision.

The client, whose case was concluded with the non-referral decision, expressed deep gratitude to the attorney.

If You Need Assistance With a Forcible Indecent Act Charge

The above case is one in which a client involved in an indecent act by compulsion and special (aggravated) assault case received the assistance of an indecent act by compulsion attorney and obtained a non-referral decision from the police.

If you are involved in a sexual offense case, it may be advisable to secure evidence together with a 🔗sexual offense attorney and to establish a thorough defense strategy accordingly.

Daeryun responds comprehensively, using up-to-date analytical equipment to promptly gather evidentiary materials and to analyze them in a multidimensional manner.

If you need the assistance of a specialized attorney in a situation similar to the above case, please entrust your case through a 🔗legal consultation appointment.

강제추행변호사 조력 | 강제추행 및 특수폭행 의뢰인, 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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