Calculators & Self-ChecksProsecution Request Estimator
Indecent act by abuse of occupational authority: statutory penalty and likely requested sentence
The statutory penalty for Indecent act by abuse of occupational authority and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 3 years in prison or a fine of up to KRW 15 million
- Legal basis
- Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 10(1)
- Category
- Sex crimes · Act on Special Cases Concerning the Punishment of Sexual Crimes
Calculate with your own circumstances
What the handling steps mean
- 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
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- 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
- 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.
Detention considered
- Likely requested sentence
- 1 to 2 years in prison
If it was habitual or repeated, or there are 2 or more victims, detention is considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more in prison
A formal trial is the rule for this crime.
Notes
- This is touching a person who is under one's protection or supervision through work, employment or a similar relationship.
- After a 2018 amendment, the statutory penalty rose (previously up to 2 years in prison or a fine of up to KRW 5 million).
- Detention requires a legal ground such as a risk of fleeing or destroying evidence, so many cases proceed without detention even when they meet this standard.
Frequently asked questions
- Indecent act by abuse of occupational authority: what is the statutory penalty?
- Legal basis: Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 10(1). Statutory penalty: Up to 3 years in prison or a fine of up to KRW 15 million.
- Indecent act by abuse of occupational authority: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
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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