

Q
I have been indicted for quasi-indecent act..
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My parents recently passed away, and I'm preparing for inheritance procedures, but since debts exceed assets, I don't want to inherit. I heard there's a procedure called 'inheritance refusal.' I'm wondering how to specifically proceed. Please let me know about the deadlines for refusal, procedures, and precautions.
quasi-indecent act
indecent act by force
sex crime
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Autor: 고병준
Hello. Here is the answer to your question about quasi-indecent act.
Quasi-indecent act is a crime stipulated in Article 299 of the Criminal Act, referring to cases where indecent acts are committed by taking advantage of the victim being in a state of mental or physical incapacitation or inability to resist.
Here, "state of inability to resist" means a situation where the person cannot normally resist due to being unconscious from drunkenness or being in a severely vulnerable state.
The difference from general indecent act by force (Article 298 of the Criminal Act) lies in the manner of the indecent act and the victim's condition.
Indecent act by force refers to touching another person's body against their will through assault or threat, occurring when the victim is in a state where they can resist.
In your situation, if the victim was drunk and fell asleep face down on the table, it is highly likely to be judged as a state of inability to resist.
Touching the victim's body in this state may constitute the offense of quasi-indecent act, which, like general indecent act by force, can be punished with imprisonment for up to 10 years or a fine of up to 15 million won.
However, to defend against the charge, it is necessary to carefully examine whether the victim was actually in a state of inability to resist, whether the indecent act was intentional, and whether the physical contact was against the other party's will.
In particular, securing evidence such as prior conversation with the victim, circumstances before and after the incident, witness statements, and CCTV is very important.
Since initial response can have a great impact on the outcome of such cases, please consult immediately with a sex crime specialist attorney to respond.

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