
Legal Q&A
Q
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Hello, I am in my twenties and attending university. The thing is, a few days ago I came to be under police investigation on charges of a forcible indecent act. Before I undergo the investigation, I would first like to know things like the level of punishment and the sentencing guidelines for the crime of forcible indecent act.. Is there anyone who can explain the punishment for the crime of forcible indecent act? I really want to avoid an actual custodial sentence at all costs. Please help me.
crime of forcible indecent act
punishment for the crime of forcible indecent act
Answer
Published:
Author : Byung Joon KOH
I expect that you must feel very anxious about facing an investigation by the investigative agency for the crime of forcible indecent act.
In the case of punishment for the crime of forcible indecent act, under Article 298 of the Criminal Act, a person may be subject to imprisonment for up to ten years or a fine not exceeding 15 million won.
However, the actual sentence is determined by comprehensively considering various factors, such as the specific details of the case, the degree of harm, the method of the offense, and the offender's attitude.
When examining the sentencing guidelines for the ordinary crime of forcible indecent act, where there are grounds for mitigation, a sentence of about one year is recommended, and if the indecent act was planned or repeated, or the victim suffered serious mental or physical harm, the sentence may be aggravated to as much as one year and six months to three years.
The mitigating factors that can lower the level of punishment for the crime of forcible indecent act include a weak exercise of physical force, a minor degree of the indecent act, a state of diminished mental capacity, voluntary surrender, the victim not wishing for punishment, passive participation or participation in the offense due to another person's coercion or threat, sincere remorse, the absence of any prior criminal punishment, and substantial recovery of the harm.
Conversely, you should note that cases where serious harm occurred to the victim, where the offense was planned or repeated, or where it was accompanied by a familial relationship or intrusion upon habitation act as aggravating factors, and a heavier sentence may be imposed.
If you have become a suspect, it is important to explain the circumstances in order to demonstrate that there was no intent to commit an indecent act, to prepare materials showing deep remorse and a will to prevent reoffending (a petition, volunteer activities, counseling records, etc.), and, as far as possible, to reach an amicable settlement with the victim.
Since your attitude in making statements and the submission of materials, beginning at the police investigation stage, directly affect the prosecution's judgment and the trial outcome, a careful response is necessary.

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Byung Joon KOH
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