A case handled by YUSU Lawfirm. Identifying details have been anonymized.
Case at a Glance
- Matter: Indecent assault (Criminal Act)
- Client: Defendant
- Stage: Trial
- Result: Not guilty
The Client's Situation
The client was charged with indecent assault and stood trial. To protect the client, the specific circumstances are not described here. The case turned on physical contact alleged by the other person.
Key Legal Issue
Indecent assault under the Criminal Act requires indecent conduct carried out through violence or intimidation against the person's will. Two questions arose: whether anything amounted to violence or intimidation, and whether the alleged contact could be regarded as indecent by ordinary social standards.
What YUSU Lawfirm Did
Attorney Soobin You analyzed the situation and surroundings to show the contact was incidental and momentary, and explained why, even if contact occurred, it could not be seen as sexually motivated. The decisive stage was the witness examination: the questioning was designed so that inconsistencies in the other person's account came out, and those points were pressed to raise doubt about credibility.
Result
The court found nothing that amounted to violence or intimidation and that the conduct was hard to regard as indecent, and acquitted the client. The lack of consistency in the testimony also affected the decision.
What This Case Shows
A complainant's statement can support a conviction only if it is found credible, and credibility is tested in court. Even where contact is admitted, whether it was indecent is a separate question. Witness examination can backfire without preparation.
Related Legal Services
For how we handle this type of matter, see Sex Crime Defense. More outcomes are collected in our Case Results.
Related cases and guides
Facing a similar legal issue in Korea? Tell us what happened and our legal team will review it. Every case turns on its own facts, and this result does not guarantee a similar outcome.