Busan criminal lawyer: "Involved in sexual crimes such as semi-forcible molestation... Early response is important."

Recently, a male and female racketeering group that attempted to extort settlement money by falsely accusing minors of sexual assault was discovered during the prosecution's reinvestigation.

In 2017, male A stayed at a motel with Mr. B, a minor at the time, while drinking. Afterwards, Mr. B suddenly called Mr. C (27 years old, male) and asked for help, saying that he had been sexually assaulted. Then, Mr. F (55 years old, female), who identified himself as Mr. B's aunt, appeared and demanded compensation for sexual assault from Mr. A.

However, Mr. A refused, and Mr. B filed a complaint, saying, “I was molested while drunk and unconscious.” Mr. A complained of injustice to the investigative agency, but was unable to prove his innocence and was sent to trial on charges of quasi-forcible molestation. The trial was prolonged due to the conflicting claims of both sides.

According to the prosecution, Mr. B's group was caught in the act of organized crime during the investigation, and five members of their group were indicted on the 7th. In addition, we plan to cancel the indictment for quasi-forcible molestation of the victim who is on trial based on their false accusation.

Regarding a similar case, criminal lawyer Shim Jae-guk of Daeryun Law Firm said, "We have proven the innocence of a client who was accused of semi-forcible molestation. The client was accused of drinking with a friend's acquaintance until dawn, then went to a motel together and attempted sexual assault (quasi-forcible molestation). The client was very confused, with only sparse memories of the time." He added, "We compared the victim's statement, secured CCTV footage, and DNA test results. “The persistent finding of contradictions was important in proving innocence,” he explained.

Attorney Shim advised, “In the case of quasi-forcible molestation that occurs while drinking, the suspect is often as drunk as the victim, so there are many cases where the suspect is unfairly accused. If the situation is ambiguous or the person does not remember the situation accurately, the case may develop according to the other party’s claims, so if you are being unfairly accused, you need to clearly judge the situation at the time and respond with the help of a lawyer.”

In addition, "Many sexual crime cases, such as quasi-forcible molestation, often do not end with criminal punishment if found guilty. In the case of quasi-forcible molestation, the punishment is imprisonment for up to 10 years or a fine of 15 million won, and if a person is found guilty and is subject to security measures, overall social restrictions occur, such as being unable to get a job for a long time or having personal information known through online sites and mail notices." “We must prevent the possibility of excessive punishment through a thorough response from the beginning of the incident,” he added.

Meanwhile, Daeryun Law Firm operates a dedicated sex crimes team with criminal lawyers certified by the Korean Bar Association and provides assistance in various sex crime cases, including semi-forcible molestation, quasi-rape, forcible molestation, rape, and filming using cameras.

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