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Hello, as the title says, I am in a situation where I have been indicted on charges of quasi-indecent act by compulsion. The alleged victim is a person I met on a blind date. We went to a bar and drank, and she seemed very drunk, as she fell asleep with her head down on the table. So, thinking she was asleep.. before I knew it, I touched her body a little.. In the end, I was investigated on charges of quasi-indecent act by compulsion. How does it differ from ordinary indecent act by compulsion? I would appreciate an answer..
Quasi-indecent act by compulsion
Indecent act by compulsion
Sex crime
Answer
Published:
Author : Byung Joon KOH
Hello, here is a response to your question about quasi-indecent act by compulsion.
Quasi-indecent act by compulsion is an offense provided in Article 299 of the Criminal Act, and it refers to a case where a person commits an indecent act by taking advantage of a victim who is in a state of loss of the ability to reason or inability to resist.
Here, a 'state of inability to resist' means a situation in which a person cannot resist normally because they have, for example, lost consciousness due to intoxication or are in a severely vulnerable state.
The difference from ordinary indecent act by compulsion (Article 298 of the Criminal Act) lies in the manner of the indecent act and the state of the victim.
Indecent act by compulsion refers to touching another person's body against their will through assault or intimidation, and it occurs when the victim is in a state in which they can resist.
In the situation you describe, if the victim was drunk and fell asleep with her head down on the table, it is highly likely to be judged a state of inability to resist.
If a person touched the victim's body in such a state, the charge of quasi-indecent act by compulsion may be established, and this is an offense that, like ordinary indecent act by compulsion, may be subject to imprisonment for up to 10 years or a fine of up to 15 million won.
However, in order to defend against the charge, it is necessary to closely examine whether the victim's state was actually one 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 the content of prior conversations with the victim, the circumstances before and after the incident, witness statements, and CCTV is very important.
Because the initial response can greatly affect the outcome in such a case, we hope you will immediately consult with an attorney specializing in sex crimes and respond.

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

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