That is an act beyond common sense, so touching only the breast is considered forced molestation. That's true. You cannot physically prevent the victim from pressing charges. If I truly face such a case, I will provide a free defense. Hello, everyone. I am your one and only attorney, Attorney Hana. I was watching YouTube a while ago, and there was an article that caught my eye. What was that article about? It was about a case related to an online post. A person was accused of sexual assault while performing CPR. The person was accused by the woman whom he performed CPR on. As a result, he was sentenced to pay 8 million won as a settlement. What does a settlement mean? It means that in a court trial, although guilt is acknowledged, the sentence is suspended considering various mitigating factors. It is one of the verdicts of guilt. In reality, this...

You're trying to save people, but can you be punished or not? Of course not, and it seems difficult to confirm the sincerity. If I may give my conclusion first, it is a failure to save people, but can it be punished as a forced indecency crime? No, it cannot be punished. Even if punished, it would not be right. For the crime of forced indecency to be established, there must be intent for the indecent act. There must be intent to physically touch or make contact with a person for the purpose of forced indecency, and it must also be an unlawful act. In the case of performing CPR to save a person, there is naturally no intent for indecency, and it should not be recognized as a crime. Therefore, there should not be any cases prosecuted, and based on the analysis of precedents, there have been no cases where someone performing CPR has been convicted of a crime.

When we look at cases where medical treatment related to CPR has led to legal punishment, it's not about emergency responders or passersby trying to save a life, but rather cases where the perpetrator was in the act of harming the victim to some extent when the victim regained consciousness. They used the excuse of performing CPR to touch the victim inappropriately or commit sexual assault. Although there may be cases where individuals have been punished for such actions, there is still no case of mandatory punishment for performing CPR. I couldn't find the court decision that was made around the time of the incident based on those reasons. It seems a bit difficult to believe the content realistically, and it seems necessary to verify the facts and the truthfulness of the details. However, there have been cases where emergency responders have been prosecuted and tried. As reported in an article from 2014, there was a case where a victim who had lost consciousness was being given first aid.

In the case, it was initially considered as sexual assault due to touching the victim's nipple during emergency medical treatment. However, the conclusion was that it was innocent. It was not charged as a general sexual assault. The prosecution argued that touching the nipple was an act beyond common sense, leading to a charge of forced sexual assault. During the trial, despite acknowledging the act of touching the nipple, it was considered that the person was trying to check for consciousness since the victim was unconscious. Therefore, the verdict was innocence. So far, in cases where emergency medical treatment is provided, the trials have mainly focused on whether the medical treatment itself was appropriate. It is unlikely to be prosecuted. Of course, it is not a case that can be prosecuted now. In my opinion, the biggest issue is...

I am a bit skeptical that this will become a lawsuit. If it does become a lawsuit, there will inevitably be disruptions in terms of having to go to court or to the police. That's true. You can't physically prevent the victim from filing a lawsuit. In a way, it may seem unreasonable and, of course, it can be felt as such. However, in the overall criminal justice system of our country, there is a law that the victim cannot physically prevent from suing for the damages they have suffered. Of course, if the victim files a false accusation, there is a risk of being punished for false accusation later. It is necessary to actively assess the content of the lawsuit and determine whether it is a true or false accusation. In cases where someone is unfairly sued, the investigation should be promptly concluded, and if someone has been sued, then first of all,

As the accused, it is necessary to actively investigate and promptly conclude the case to prevent being in such an unstable position for a long time. In actuality, there have been no cases where someone was unfairly accused, prosecuted, or tried for saving a person's life. However, if such a situation arises where I am wrongfully accused of a crime while trying to save someone's life, I will provide a free conclusion. If such a case occurs, please feel free to contact me anytime, leave any questions in the comments regarding the matter, and please subscribe and like the video.

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