
Legal Q&A
Q
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Recently I had been drinking, and because I drank more than usual, I embraced a woman on the street. The woman, who was angry, immediately reported me to the police… I am now under investigation on charges of sexual molestation. Even though I am a first-time sexual molestation offender, can a sentence of imprisonment for an indecent act by compulsion be imposed? I am very frightened right now. Please help..
First-time sexual molestation offense
Attorney specializing in sex crimes
Imprisonment for indecent act by compulsion
Answer
Published:
Author : Byung Joon KOH
Among the sentencing guidelines for sex crimes established by the Sentencing Commission, the absence of any prior criminal punishment is set as a general mitigating sentencing factor.
If you are a first-time sexual molestation offender, this may serve as a ground for mitigation in sentencing, but it cannot serve as a ground for exemption from liability.
Taking into account the age of the victim, the period and degree of the offense, and the extent of recovery from the harm, an actual custodial sentence may be imposed even on a first-time offender.
Being a first-time sexual molestation offender does not guarantee unconditional leniency, and since there is a possibility of the investigation being converted into a detention-based investigation, you should seek a response strategy when involved in a case related to a sexual violence crime, regardless of whether you have any prior record.
A person who commits an indecent act by compulsion against another through assault or intimidation is subject to imprisonment for up to 10 years or a fine of up to 15 million won, and attempted offenders are also punished.
As such, since imprisonment for an indecent act by compulsion may be imposed even on a first-time offender, if you are involved in these charges, it is advantageous to seek the assistance of an attorney specializing in this area at an early stage of the case.
Please keep in mind that it is advisable to entrust the case to an attorney specializing in sex crimes who has handled numerous sexual molestation cases, in order to steer the case in a favorable direction.

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Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

GeunSu KIM
T. 070-5221-2805
Experience as Chief Prosecutor [Violent Crime] at the Seoul Eastern District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drugs/Drunk-Driving Traffic/Military Criminal Law
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