A Case of Defense Against Punishment for an Indecent Act by Compulsion | Non-Prosecution for a Client Charged With an Indecent Act by Compulsion Against a Coworker

After having drinks with an employee of the same company, the client was reported on charges of an indecent act by compulsion.

The employee's side claimed that the client had tried to forcibly embrace her, but the client was heavily intoxicated at the time and had no recollection of the events.

Gripped by anxiety over the possible disadvantages within the workplace and the possibility of punishment, the client, in this difficult situation, came to the attorney and requested assistance in mounting a defense against punishment for an indecent act by compulsion.

The client had previously attempted to apologize in person in order to reach a settlement with the victim, but this was declined.

In light of the fact that the client could not directly contact the victim, the attorney first prepared materials and a strategy to increase the possibility of a settlement.

In particular, the attorney provided guidance to minimize the psychological burden that might arise in the process of attempting to contact the victim, and gave specific advice on the content and manner of expression of the apology message the client would convey.

In addition, during the settlement process with the victim's side, the attorney secured a direct line of contact and performed a mediating role, coordinating the terms of settlement and the means of remedying the harm.

The client was the head of a household, and a criminal penalty could have seriously affected the family's livelihood.

The attorney therefore submitted materials establishing the client's family circumstances and economic situation, and prepared a written plea.

Through these measures, the attorney also helped the investigative authorities and the court to fully assess the client's personal situation and social responsibilities.

According to Supreme Court precedent (see Supreme Court Judgment of January 25, 2007, 2006Do5979, and Judgment of April 26, 2002, 2001Do2417, among others), the requirements for establishing the crime of forcible indecent act are as follows.

The crime of forcible indecent act is established when an indecent act is committed by applying assault or intimidation to a degree that makes resistance difficult for the other person.

Here, an ‘indecent act’ refers to an act that objectively causes sexual shame or disgust in an ordinary person, runs counter to sound sexual moral standards, and infringes on the victim's sexual freedom.

In addition, whether an act constitutes such an indecent act is determined by comprehensively considering the victim's intent, sex, and age, the prior relationship between the actor and the victim, the circumstances leading to the act, the specific conduct, the surrounding objective circumstances, and the sexual moral standards of society at the time.

In cases of an indecent act by compulsion, a systematic response from the early stages of the case, including a structured defense strategy, securing of evidence, and a settlement with the victim, has a significant effect on the outcome of the case.

Therefore, it is very important to respond promptly in the early stages and to prepare the case together with an attorney, thereby preventing unnecessary criminal punishment and social disadvantages.

Daeryun Law Firm includes attorneys who are registered as criminal law specialists with the Korean Bar Association, as well as attorneys who have handled numerous cases involving indecent acts by compulsion, and it provides systematic assistance from the progress of the case through to the defense strategy.

If you wish to obtain the greatest possible leniency in a situation such as the above, you may request assistance at any time through a 🔗Legal Consultation Reservation.