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Quasi-indecent assault: statutory penalty and likely requested sentence

The statutory penalty for Quasi-indecent assault and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 10 years in prison or a fine of up to KRW 15 million
Legal basis
Criminal Act, Article 299
Category
Sex crimes

Calculate with your own circumstances

Do you have a prior conviction of the same type (sex crime)?
How serious was the touching?
Did you settle with the victim?
Is the offender a juvenile (under 19) who is sincerely remorseful?
Answer all 4 questions and the estimate appears right away. (0/4)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

    Likely requested sentence
    6 months to 2 years in prison

    With a prior conviction of the same type, a bad method, or secondary harm to the victim, investigation in detention may be considered.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    6 months to 2 years in prison

    If the touching was serious, a prison sentence is usually requested at a formal trial.

  3. Formal trial (fine requested)

    Likely fine
    KRW 5 million or more

    Even if the touching was not serious, a fine (KRW 5 million or more) is usually requested at a formal trial.

  4. Suspension of indictment possible

    With no prior conviction of the same type, a minor case and a settlement, or a sincerely remorseful juvenile, a suspension of indictment on conditions such as completing an education program is possible.

Notes

  • This is touching someone who could not resist because they were drunk or asleep; it is handled under the same standard as indecent assault.
  • Since 2013 it is no longer an offense requiring the victim's complaint, so it can be punished even after a settlement. A settlement is still given great weight in the decision.
  • If the victim is under 19 or under 13, special laws punish it much more heavily.
  • If convicted, additional measures such as registration of personal information may follow.

Frequently asked questions

Quasi-indecent assault: what is the statutory penalty?
Legal basis: Criminal Act, Article 299. Statutory penalty: Up to 10 years in prison or a fine of up to KRW 15 million.
Quasi-indecent assault: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Formal trial (fine requested), Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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