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Criminal · School Violence · Damages
Misunderstanding While Helping a Drunken Victim Walk, Closed at the Police Stage With 'No Suspicion' Non-referral
1. Case Overview
Our client had helped a drunken victim walk on a street in Gangnam-gu, Seoul, only to be accused by the victim of Indecent Assault by Force, alleging that he had put his hand inside her sleeveless top and underwear and touched her chest. Having become a sex-crime suspect in an instant while trying to help out of goodwill, our client came to DAEON feeling wronged and at a loss.
2. DAEON's Strategy
DAEON's Attorney Shin Dong-woo zeroed in on the fact that there was no objective evidence whatsoever to support the complainant's account beyond the complainant's own statement. He argued meticulously, reconstructing the situation hour by hour, that there had been only unavoidable physical contact in the course of supporting the victim and no intent whatsoever to commit indecent assault. By sharply pointing out the contradictions and uncertainties in the victim's statement and legally establishing our client's innocence, he obtained a 'Non-referral decision' for insufficient evidence and no suspicion, bringing the case to a complete early close without it ever reaching the Prosecution.
3. Result - Non-referral
Shin Dong-woo
Kwak Dong-jun