Case Type: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Public Density Place Indecent Act) 

Result: Fines (Lenient Sentence) 

Case Details: 

1. Case Overview 

The client was indicted and facing trial on charges of touching a passenger next to them on a city bus. While the client admitted to and regretted the wrongdoing, the biggest obstacle was a prior conviction for a similar sexual offense. Under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, an indecent act in a public density place is punishable by imprisonment for up to 3 years or a fine of up to 30 million KRW. Under the sentencing guidelines, a repeat offense significantly increases the likelihood of imprisonment and immediate detention.

2. Legal Counsel and Sentencing Strategy 

Recognizing that the charges could not be disputed, the defense counsel focused on establishing objective grounds for leniency, aiming for a fine rather than imprisonment. Counsel delivered a sincere apology to the victim and successfully reached a settlement, securing the victim’s petition for non-punishment. Furthermore, the defense detailed that the degree of physical contact was relatively minor and was stopped immediately upon the victim's objection. Counsel also submitted objective evidence of the client's substantive efforts to prevent recidivism, including psychiatric treatment, psychological counseling, and compliance education, while highlighting the client's stable social ties, family support responsibilities, and the significant time gap since the prior offense.

3. Case Outcome 

Despite the disadvantage of having a prior conviction, the court took into account the diverse sentencing factors and concrete rehabilitation efforts presented by the defense counsel, ultimately issuing a lenient sentence of a fine. Consequently, the client avoided imprisonment, preserving both employment and daily life while continuing rehabilitation.

Case Inquiry: Attorney Minhoo Kim