Deals & Cases

Indecent act by compulsion
Indecent act by compulsionSuspension of sentencing

Statement of Grounds for Appeal | Securing a Suspension of Sentencing by Submitting a Statement of Grounds for Appeal in an Indecent Act by Compulsion Case

This is a case in which an appellate brief was submitted to lead to a judgment of suspension of sentencing for a client who had been sentenced to a fine on a charge of indecent act by compulsion. The appeal-specialized attorney actively provided assistance to help with the client's appeal.

1. The Client Who Needed a Statement of Grounds for Appeal Prepared

the client who needed an appellate brief

The client who needed an appellate brief had previously received a minor fine on a charge of forcible indecent act with the assistance of this firm.

However, the client felt extreme anxiety about having a criminal record remain, and wished to prepare an appellate brief and file an appeal.

The appeal specialist attorney therefore decided to reexamine the client’s case and assist with filing the appeal.

Details of the Client's Case

The contents of the client's case involving a charge of indecent act by compulsion may be summarized briefly as follows.

On the day of the incident, the client had dinner and drinks with friends, and the client, who had become intoxicated beyond their usual capacity, reportedly encountered a former partner on the way home.

Overjoyed, the client made physical contact with the former partner, but it turned out that the woman was not the client's former partner.

Ultimately, the woman requested help from people nearby, and the client was arrested in the act, was tried on a charge of indecent act by compulsion, and, with this firm's assistance, was sentenced to a minor fine.

🔗View the contents of the Suwon indecent act by compulsion attorney case in detail

What Indecent Act by Compulsion Is

The client said that he had been sentenced to a fine in the original judgment on a charge of forcible indecent act, and a forcible indecent act refers to a crime of committing an indecent act against a person by unlawful means such as assault or intimidation.

At this point, even if there was no exercise of physical force, if it made resistance significantly difficult, the 🔗crime of forcible indecent act is established.

For a forcible indecent act, under the Criminal Act, the penalty is imprisonment for not more than 10 years or a fine of not more than 15 million won.

2. What Is a Statement of Grounds for Appeal?

A statement of grounds for appeal is, literally, a document in which the appellant specifically sets out the reasons for the appeal.

When preparing a statement of grounds for appeal, clear grounds must be given so as to be able to overturn the judgment of the lower court.

Under the Criminal Procedure Act, in a criminal case, an appeal against the judgment of the lower court may be filed if the following grounds exist.

Article 361-5 of the Criminal Procedure Act (Grounds for Appeal) An appeal against the judgment of the lower court may be filed if the following grounds exist.

1. Where there is a violation of the Constitution, an Act, an order, or a rule that affected the judgment
2. Where, after the judgment, the punishment has been abolished or changed, or there has been an amnesty
3. Where the recognition of jurisdiction or of a lack of jurisdiction violated the law
4. Where the composition of the court that rendered the judgment violated the law
7. Where a judge who is barred by law from participating in the trial participated in the adjudication of the case
8. Where a judge who did not participate in the hearing of the case participated in the judgment of the case
9. Where there was a violation of the provisions concerning the openness of the trial
11. Where reasons are not attached to the judgment or there is a contradiction in the reasons
13. Where there are grounds for a request for retrial
14. Where there is a misapprehension of fact that affects the judgment
15. Where there are grounds to recognize that the sentencing is unjust

The specialist attorney decided to prepare the statement of grounds for appeal by invoking Article 361-5, item 15, of the Criminal Procedure Act in this case.

3. Contents of the Statement of Grounds for Appeal

A statement of grounds for appeal prepared by Daeryun Law Firm
We disclose a portion of an actual statement of grounds for appeal prepared by Daeryun Law Firm.

The attorney prepared and submitted the following contents in the statement of grounds for appeal on behalf of the client.

Grounds for Appeal

The specialist attorney stated that, although the client had been sentenced to a fine at first instance for the offense of indecent act by compulsion, he was filing an appeal on the ground of an improper sentence.

Counsel argued that the sentence at first instance was excessively heavy in light of the gravity of the client's offense.

Sentencing Factors Favorable to the Client

The specialist attorney argued that there were favorable sentencing grounds for the client, citing the following.

The client is sincerely repenting and reflecting on his wrongdoing

The client merely committed an impulsive offense and it was not a planned crime

The client's acquaintances are pleading for leniency

The client is a first-time offender with no risk of recidivism

The client has completed a settlement with the victim, and the victim does not desire punishment

In particular, the attorney emphasized that the circumstances of having paid a substantial settlement amount to the victim and having obtained the victim's intention of no desire for punishment had not been adequately reflected in the sentencing, and requested a reduction of sentence.

4. Result of Submitting the Statement of Grounds for Appeal

Result of submitting the statement of grounds for appeal

After the statement of grounds for appeal was submitted, following examination by the appellate court, the following judgment was rendered for the client.

The judgment of the lower court is reversed.

The pronouncement of the sentence against the defendant is suspended.

Suspension of sentencing means that, although guilt is recognized, the pronouncement of the sentence is suspended, and if no offense is committed for 2 years, the sentence itself is waived.

With the assistance of the specialized attorney, the client submitted a statement of grounds for appeal, reversed the judgment of the lower court, and obtained a judgment of suspension of sentencing.

The firm's sex crime specialist attorney and criminal specialist attorney re-examined the client's case, drew out the grounds for sentencing, and prepared the statement of grounds for appeal, which made it possible to bring about this result.

If, like the client in this case, you wish to raise an objection after receiving a judgment, please proceed with the firm's 🔗legal consultation reservation and entrust us with the representation for preparing and submitting a statement of grounds for appeal.

항소이유서 | 강제추행 항소이유서 제출해 선고유예 판결

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.

Indecent act by compulsion: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney Byung Joon KOH

Byung Joon KOH

T. 070-5221-2805

Sex crime lawyer

Attorney Nakhyeong Kim

Nakhyeong Kim

T. 070-7510-1820

Experience as Chief Judge of Daegu District Court and Judge of Busan High Court

Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Sex crime lawyer

Attorney IlSoo SHIN

IlSoo SHIN

T. 070-5117-2950

Experience as Chief Judge of Seoul Central District Court and Chief Judge of Ansan Branch of Suwon District Court

Attorney MinYeong HAN

MinYeong HAN

T. 070-7510-1046

Sex crime lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Unfair Dismissal | Case Leading to Dismissal of the Workers' Appeal Seeking Revocation of the Reexamination Decision on the Remedy Against Unfair Dismissal

Next

Act on Punishment of Crime of Stalking | Suspended Sentence for a Client Charged With Violation of the Act on Punishment of Crime of Stalking

View list
Quick Menu

Chat