간음죄 초범 징역 선고받는 사람들의 특징!

This is LAWFIRM LEAP, where a team of three attorneys with backgrounds at major law firms and the police handles cases together.

If you are reading this article, you may be among those scheduled for a police investigation for sexual intercourse offenses.

Under the Criminal Act, sexual intercourse offenses are serious matters carrying a sentence of at least 3 years' imprisonment.

In addition, since there is no fine option for this offense, if you fail to respond properly at the initial stage, you may be detained in court, and even if detention is avoided, receiving a punishment of a fine or greater will result in a security disposition as a sex offender and a criminal record.

Even for first-time offenders, sex offenses are difficult to receive leniency for, so if you respond carelessly, you risk living with the stigma of being labeled a sex offender due to excessive punishment.

Therefore, you must proceed with a systematic analysis and obtain a finding of Cleared of Suspicion or Suspended Indictment.

However, since obtaining a Suspended Indictment is realistically difficult, you must properly prepare your statement and have a defense strategy in place even before the police investigation, understand the investigation process well, and respond with the assistance of experts.

With that in mind, today the expert attorneys of LAWFIRM LEAP, who have experience at major law firms and the police, would like to present the best methods for advantageously arguing your case at the investigation stage in sex offense cases.

If you spend just 3 minutes reading the article below, you will learn how to prevent imprisonment for a first-time sexual intercourse offense and obtain leniency.

After reading this article, if you need actual legal representation, please request a consultation with LEAP's criminal law specialist attorneys.

01Imprisonment for a first-time sexual intercourse offense? What is the level of punishment?

Committing sexual assault or other acts of sexual intercourse makes one subject to punishment for rape under the Criminal Act.

If a person rapes another through violence or intimidation, a sentence of at least 3 years' imprisonment may be imposed.

In this matter, even if the other party clearly and actively expressed a refusal, if forcible sexual intercourse occurred, the charge may be found to apply.

02Article 297 of the Criminal Act (Rape)

A person who rapes another through violence or intimidation shall be punished by imprisonment for a definite term of at least 3 years.

Also, since this offense is regarded as serious and leniency is difficult to obtain, with a high risk of detention, if you have been reported, you must quickly determine whether the charge is actually substantiated.

If coercion is not found to be present under legal standards, you should argue for a finding of Cleared of Suspicion; if the charge is found to apply, you should aim for a Suspended Indictment, so it is important to promptly establish a strategy for evidence collection and defense during the investigation process.

It is fortunate if you obtain Cleared of Suspicion or Suspended Indictment, but if you receive a fine or Suspended Sentence, you must undergo a security disposition.

Beyond the sentence itself, a security disposition means your personal information will be registered and disclosed as a sex offender, and additional restrictions may follow, such as wearing an electronic ankle monitor, an employment restriction order, or visa issuance restrictions.

These issues can significantly restrict your social life going forward, so a strategy is needed not only to defend against imprisonment but also against the security disposition.

03To defend against imprisonment for a first-time sexual intercourse offense and find a tailored strategy for your situation

1) How can you prove you are Cleared of Suspicion?

There are cases where, after a couple has broken up following consensual sexual relations, the other party maliciously reports a claim of sexual assault.

In such cases, if you are in fact wrongly accused and the relations were not coerced, you must obtain evidence of key circumstances to be Cleared of Suspicion.

In this situation, if there is evidence around the date the other party claims the incident occurred, such as affectionate text messages exchanged or indications that things were going well, making it difficult to conclude that violence occurred, and if there is CCTV footage showing the two of you entering the residence together affectionately on the day in question, you must present this as evidence.

2) How can you obtain leniency in the form of a Suspended Indictment?

If the act was in fact committed under coercive circumstances, and there is a victim statement and medical certificate to support it, the charge may well be found to apply, so you must quickly find a response strategy.

At the investigation stage, you must acknowledge your wrongdoing, show remorse, and promptly propose a settlement to the victim.

Once a settlement is reached with the victim, the likelihood of having mitigating circumstances considered and receiving leniency in the form of a Suspended Indictment increases.

However, since the settlement process can be difficult, you should proceed through legal counsel.

Since a meeting between emotionally charged parties can lead to negative outcomes, it is advisable to have counsel handle everything from determining the settlement amount to drafting the settlement agreement.

As this matter is punished severely, do not neglect the initial response by assuming that, as a first-time offender, you will receive a fine if you settle; you must seek help from a legal expert before the investigation even begins.

You should also emphasize points such as: that the act was not premeditated or intentional, that you sincerely reflect on the matter, that the other party reached a settlement and expressed an intent not to seek punishment, and that an actual prison sentence would result in job loss and threaten your livelihood.

Even for the same case, the analysis of sentencing materials can differ depending on the attorney, and the level of punishment will vary accordingly.

Please keep this in mind, and be sure to obtain the assistance of an expert attorney so as not to miss the golden hour of the investigation stage.

Because we have experience conducting investigations ourselves, we are able to respond effectively to investigations.

The attorneys of LAWFIRM LEAP are sex crime specialists with backgrounds including work experience at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, as well as experience as police officers, and they have in-depth response know-how gained from handling numerous initial investigations in sex crime cases.

Therefore, if you work with LAWFIRM LEAP, regardless of the type of case, we will stand by you from beginning to end to ensure you do not receive an unjust disposition, and respond so that you are not detained on a rape charge.

We at LEAP understand your situation and your sense of urgency better than anyone, and we will mobilize all of our legal knowledge and know-how to find the best way to resolve your situation.

Therefore, if today's content alone does not provide you with a solution, please feel free to contact LEAP at any time.

We will thoroughly analyze your situation and, with a tailored strategy, help prevent the crisis of your life being labeled as a sex offender.

Thank you for reading this lengthy article!