

Q
I have a question about the punishment level for incest sexual molestation..
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I received repeated inappropriate sexual comments and messages from my boss at work. I tried to secure evidence, but my boss deleted some messages, so there's very little content remaining. Can messenger conversations be restored for filing a workplace sexual harassment report?
incest sexual molestation
sexual molestation
Answer to Related Inquiry
Author: 고병준
Yes, incest sexual molestation is punished much more strictly than general sexual molestation.
Incest sexual molestation is punished under Article 5 of the Sexual Violence Punishment Act. According to this law, when a person in a kinship relationship commits rape or indecent assault through assault or threat, the punishment is much more severe than for general sex crimes.
In particular, courts tend to sentence harsh penalties for crimes between relatives because the victim's mental shock is severe and the perpetrator used the victim's relationship of trust.
It is not simply "sexual molestation," but the element of "having used the kinship relationship" becomes a reason for aggravated punishment.
While general molestation results in up to 10 years of imprisonment or a fine of up to 15 million won, incest sexual molestation results in imprisonment of 5 years or more without a fine.
In addition, if the victim is a minor, the Sexual Violence Punishment Act applies and a higher statutory penalty may be sentenced, and additional sanctions such as sex crime records, personal information registration, employment restrictions, and electronic anklets may follow. Even if the victim withdraws the complaint, prosecution is not withdrawn as it is treated as a non-complaint crime.
If the police investigation has begun, it is very important to quickly hire a sex crime specialist attorney and receive assistance from the early stages of the investigation.
Since initial statements, submission of letters of remorse, and whether or not there is a settlement can directly affect the sentence, please prepare your legal response with the help of a sex crime specialist attorney.

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