Case Type: Indecent Assault by Compulsion (Article 298 of the Criminal Act) 

Result: Non-remand (Dropped Charges / Acquittal) at the Police Investigation Stage 

Case Details:

Case Overview

The client was accused of indecent assault by an acquaintance following a social gathering involving alcohol. Indecent assault under Article 298 of the Criminal Act carries heavy criminal penalties and severe collateral consequences, such as sex offender registration and employment restrictions. The prosecution's case relied solely on the complainant's statements and outdoor CCTV footage. Although the client could not recall every detail due to intoxication, they maintained a consistent stance that there was no intent to commit a crime.

Legal Standards for Indecent Assault

According to Supreme Court precedents (e.g., Supreme Court Decision 2016Do21231), whether an act constitutes indecent assault must be carefully determined by comprehensively considering the victim's intent, age, gender, the relationship between the parties, the circumstances leading to the act, and the specific context. Therefore, mere physical contact or accidental touching does not automatically constitute a crime. In criminal proceedings, guilt must be proven beyond a reasonable doubt, and the burden of proof rests entirely on the investigative authorities.

Defense Counsel’s Strategy and Assistance

The defense counsel systemically challenged the reliability of the evidence presented by the police. First, the defense argued that the night-time outdoor CCTV footage was inconclusive and prone to optical illusions due to its angle and low resolution. Second, alternative scenarios were raised, showing that the contact could have been accidental, such as stumbling due to intoxication. Third, written statements were obtained from mutual acquaintances who were present at the scene, confirming that the atmosphere was amicable and free of any coercive behavior. Fourth, the credibility of the complaint was brought into question by analyzing the timeline immediately following the incident.

Case Outcome

After reviewing the legal briefs and supporting evidence submitted by the defense, the police concluded that the complainant’s statement and the video evidence were insufficient to establish guilt beyond a reasonable doubt. Consequently, the client was cleared of all charges through a Non-remand (No Case to Answer) disposition at the police stage, avoiding a formal indictment and trial.

Case Inquiry: Attorney Min-hoo Kim