Case of Indecent Assault by Taking Advantage of the Victim’s Inability to Resist: Deferred Indictment in Consideration of Disposition-Related Circumstances

The client became subject to an investigation on suspicion of touching the body of a victim who had fallen asleep on public transportation. The victim and the client were strangers, and the matter became a criminal case after the victim awoke and recognized the circumstances.

In this case, the client admitted all of the allegations. Accordingly, the central issue was not whether the allegations could be denied, but rather what circumstances could be considered together when the prosecution determined whether to indict based on the admitted facts.

In particular, because the client was employed by a public corporation, a sentence of a fine or more severe punishment was expected to result in significant disciplinary action or adverse employment consequences under the corporation’s internal regulations. For this reason, it was important from the pre-investigation stage to determine whether a settlement with the victim was possible and to prepare materials explaining the victim’s desire not to have the client punished and the low likelihood of recidivism.

01
Whether to Admit the Allegations
02
Settlement with the Victim
03
Likelihood of Recidivism and Conduct After the Incident
04
Impact of Criminal Punishment on Employment

MEGA X first organized the matter based on the confirmed facts, distinguishing the portions admitted by the client from the circumstances requiring explanation at the prosecutorial disposition stage. Because this was a case in which the allegations were admitted, it was important not to dispute the alleged facts in an unreasonable manner, but instead to structure the case so that the settlement with the victim and the client’s conduct after the incident could be considered in determining the disposition.

Beginning before the investigation, MEGA X also confirmed through the investigator whether the victim was willing to negotiate a settlement, and thereafter maintained contact to coordinate the settlement terms and amount. We organized the settlement agreement, the victim’s written statement of non-punishment, and payment-related documents so that completion of the settlement and the victim’s desire not to have the client punished could be clearly confirmed at the prosecutorial stage.

At the same time, to explain the low likelihood of recidivism, we organized the circumstances of the incident and submitted materials for consideration in the disposition addressing the client’s admission and remorse, the absence of any confirmed prior offense of the same or similar type, and the expectation of severe disciplinary action if the client, as an employee of a public corporation, were criminally punished.

In this case, rather than simply requesting leniency, we focused on organizing, on a document-by-document basis, the circumstances that the prosecution could consider when determining whether to indict in a case where the allegations were admitted.

Deferred Indictment