The client was on his way home on the subway and he rubbed his elbow on the victim's waist who was sitting next to him. When the victim moved to different seat, the client moved as well and sat next to another victim and did the same action. And later, the client was accused for harassing victims twice in the crowded public place.
2. Applicable Law
Act on Special Cases Concerning the Punishment of Sexual Crimes
Article 11 (Indecent Acts in Crowded Public Places)
A person who commits an indecent act on another person in any public transportation vehicle, place of public performances or assembly, or other crowded public place shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.
3. Assistance of Counsel
Even if there were few people in the subway at the time of the incident, the above special act applies, not the general criminal law. So aggravated punishment will be made depending on where the molestation took place. Therefore, no matter how simple the act may seem, if the special act is applied, we can never be relieved.
Accordingly, Law-Win lawyers quickly and completely grasped the circumstances of this case, collected data on the suspect's facts and conditions, and expressed the following opinions to the investigation agency.
1) The client acknowledges all the facts of the case and is deeply reflecting on the facts of the case
2) The fact that it is difficult to believe that the client had intention to commit the crime from the beginning (more on accidental)
3) The client contacted the victims and delivered sincere apology
4) The victims accepted, forgave the client's crime and made settlement
5) The client took sexual offense prevention program and decided not to reoffend in the future.
In addition, the lawyers actively provided the positive sentencing factors for the client, such as the fact that there was no history of criminal punishment of the same kind, and that he was constantly volunteering with a heart to reflect on the harm he caused to society.
As a result, the investigation agency accepted the defense counsel's argument and decided to suspend the indictment under the condition of completion of education for the alleged violation of the sex crime committed by the client.
5. Significance of the Outcome
After examining the circumstances of the incident, lawyers paid attention to the fact that they approached the victims intentionally and deliberately, rather than accidentally, and focused on delivering this to the investigation agency. . In addition, lawyers actively identified the favorable sentencing factors that the client could assert. As a result, the opportunity was given to defer prosecution, suggesting that, above all, prompt response from the investigation stage is important in cases of violation of the sex crime.
Attorney An, Ji-sung and Yang, Won-jun