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Legal Intellectual

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Q

I did not have sexual intercourse; will I still be punished for prostitution involving a minor?

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Hello. A little while ago, I met someone I had gotten to know online, and we went to a motel together. We did not go as far as sexual intercourse, but it turned out that this person was a minor. I truly did not know that the person was a minor. I am also facing a police investigation, so I am in a difficult situation. For prostitution involving a minor, am I punished even though I did not have sexual intercourse?

prostitution involving a minor

violation of the Act on the Protection of Children and Youth against Sexual Abuse

punishment for violation of the Act on the Protection of Children and Youth against Sexual Abuse

A

Answer to Related Inquiry

You have asked about prostitution involving a minor. Sexual crimes involving minors are punished more severely under the Act on the Protection of Children and Youth against Sexual Abuse.

Even if you did not have sexual intercourse with the minor, if you solicited prostitution, you may be subject to imprisonment for not more than three years or a fine not exceeding 30 million won.

You say that you did not have sexual intercourse, but did you perhaps molest the minor or engage in a quasi-sexual act?

If you molested the minor, imprisonment for a definite term of not less than two years or a fine of not less than 10 million won and not more than 30 million won may be imposed, and if you engaged in a quasi-sexual act, imprisonment for a definite term of not less than five years may be imposed.

Even if you did not actually have sexual intercourse and it remained an attempt, you may be punished on a charge of prostitution involving a minor.

However, if you have no prior criminal punishment, or if you can prove that you turned yourself in or are showing sufficient remorse, there is a possibility of a more favorable sentence.

You mentioned that you are facing a police investigation, so it is important to promptly consult a sexual crimes attorney to confirm the sentencing factors and, on that basis, to establish a strategy to defend against punishment.

We recommend that you proceed with a detailed consultation regarding this case through a sexual crimes attorney.

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