Representation in Filing a Forcible Indecent Act Complaint | Representation of a Forcible Indecent Act Victim, Offender Sentenced to Imprisonment

This is the client's account of how representation in the forcible indecent act complaint came to be retained.

On the recommendation of an acquaintance, the client visited a massage shop.

Because the owner of the massage shop was on close terms with the client's acquaintance, the client paid for and received a massage without any suspicion.

Although the client said that the areas to be massaged were mainly the upper body, focusing on the shoulders and back, the shop owner said that the lower body is important for women and touched the client's body, including the buttocks, several times.

Angered by this, the client came to retain an attorney of Daeryun Law Firm for representation in filing a forcible indecent act complaint.

■ Statutes Concerning Forcible Indecent Act

▶ Criminal Act, Article 298 (Forcible Indecent Act)

A person who commits an indecent act on another through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.

▶ Criminal Act, Article 299 (Quasi-Rape and Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with or commits an indecent act on another by taking advantage of the other's condition of loss of mental capacity or inability to resist shall be punished in accordance with Articles 297, 297-2, and 298.

▶ Act on Special Cases concerning the Punishment of Sexual Crimes, Article 4 (Special Rape, etc.)

(1) A person who commits the crime under Article 297 (Rape) of the “Criminal Act” while carrying a deadly weapon or other dangerous object, or jointly with two or more persons, shall be punished by life imprisonment or imprisonment for not less than 7 years.

(2) A person who commits the crime under Article 298 (Forcible Indecent Act) of the “Criminal Act” by the method under paragraph (1) shall be punished by imprisonment for a definite term of not less than 5 years.

(3) A person who commits the crime under Article 299 (Quasi-Rape and Quasi-Indecent Act by Compulsion) of the “Criminal Act” by the method under paragraph (1) shall be punished in accordance with paragraph (1) or (2).

Because of the forcible indecent act, the client had to endure severe mental and physical suffering.

After the forcible indecent act, the client's stress worsened to the point that she could not carry on daily life well, and she was prescribed and took sedatives at a hospital.

The Daeryun attorney argued that the client experienced mental suffering severe enough to interfere with her daily life as a result of the forcible indecent act.

The defendant who committed the forcible indecent act exploited a relationship of trust with the client to put her at ease and then committed the crime in a calculated manner.

The client trusted the defendant, who was acquainted with a close acquaintance of hers.

The Daeryun attorney pointed out that, with respect to the forcible indecent act, the defendant invoked the relationship of trust and committed a calculated crime.

The client who filed the forcible indecent act complaint did not want a settlement with the defendant.

Through the consultation with the Daeryun Law Firm attorney, the client requested that the defendant receive severe punishment.

The Daeryun attorney accordingly argued that, in this forcible indecent act matter, the client had petitioned for severe punishment of the defendant.

As a result of the forcible indecent act complaint, the client was able to obtain a six-month sentence of imprisonment for the offender, along with an order for employment restriction and disclosure of personal information.

The client said that she felt compensated for the difficult time she had endured because of the forcible indecent act, and expressed her gratitude to the Daeryun Law Firm attorney.

If, like the client above, you are going through a difficult time because of a sex crime, you may visit Daeryun Law Firm and consult with us at any time.