Seocho Criminal Lawyer Receives 'Non-Prosecution' for Rape and Forcible Molestation Suspect

According to the legal community, a suspect who was recently accused of rape and forcible sexual assault was not indicted.

According to criminal lawyer Daeryun (Seocho), who was the suspect's lawyer, "The suspect who was accused of rape and forcible molestation in his vehicle and at the complainant's home at the time was in a romantic relationship with the complainant." He added, "We identified the relevant facts, carefully summarized the situation in which the suspect was unfairly accused, and argued that it was a consistently consensual relationship. In particular, we uncovered contradictions such as the complainant's statement contradicting the contents of phone calls and text messages before and after the incident. “The main point was to impeach the credibility of the accuser’s statement through the defense attorney’s opinion,” he explained. “In the end, the prosecution also accepted this argument and decided not to indict the client without charges (insufficient evidence).”

Under criminal law, forcible molestation, commonly known as sexual harassment, is a crime that involves physical contact with the other person without their consent by using tangible force such as assault or threats. The punishment for forcible molestation is imprisonment for not more than 10 years or a fine not exceeding 15 million won, and the punishment for rape, which is committing adultery with another person through assault or intimidation, is punishment for a limited term of imprisonment of not less than 3 years. Depending on the punishment, such sex crimes may be subject to severe security measures such as registration of personal information, disclosure and notification of personal information, employment restrictions, and attachment of electronic location tracking devices (electronic anklets). Additionally, if information about the case becomes known to those around you during the investigation, work life or personal relationships may become difficult, regardless of whether or not there are actual charges.

In response to this, criminal lawyer Daeryun (Seocho) of the Law Firm said, "The severity of punishment for sexual crimes is increasing as social and national public awareness of sexual crimes has increased due to the recent N-room incident, etc. If you are involved in an alleged sexual crime and you feel the slightest sense of injustice, you should request legal assistance without delay." He added, "As the victim's statement serves as key evidence in sexual assault cases such as forcible molestation, sexual assault, and quasi-rape, the suspect or defendant must collect data that may question the credibility of the victim's statement. “The attorney’s written opinion is important,” he said.

He went on to advise, “If you appoint a lawyer during the process of being investigated by an investigative agency, you can prevent unfavorable testimony, and you may be freed from unfair charges and receive a non-indictment, so you should appoint a criminal lawyer early in the case and make efforts to get acquittal or acquittal.”

Daeryun Law Firm is currentlySeoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, JejuIt is a national network law firm with offices in the region. The sex crime team, comprised of professionals such as prosecutors and criminal lawyers, provides legal services based on successful cases such as insufficient evidence, no right to prosecution, and deferred prosecution in the field of sexual crimes such as pseudo-rape, forced molestation, filming using cameras, etc., quasi-rape, and rape.

View original article - http://news.heraldcorp.com/view.php?ud=20200803000194#a