Act on the Protection of Children and Youth against Sexual Abuse | Youth Subject to a Complaint for Violating the Act on the Protection of Children and Youth against Sexual Abuse, Decision of Non-Prosecution

The sexual crimes attorney secured CCTV footage from the coin karaoke and the emergency staircase and submitted as evidence scenes in which the victim and the client engaged in mutual, natural physical contact and kissing.

The footage also included scenes in which the victim, rather than showing displeasure or any intention to resist, was even smiling.

In addition, through CCTV that captured the two coming out of the emergency staircase together, holding hands and walking while smiling, the attorney emphasized that this was not a coerced situation.

The sexual crimes attorney presented the fact that, even though the scene of the incident was a karaoke building with numerous patrons coming and going and an environment in which the victim could readily have sought help from others, she did not leave her place or request assistance even once.

On this basis, the attorney emphasized that it was difficult to regard the victim as a typical victim of a sexual crime.

The sexual crimes attorney cited the decision by the School Violence Countermeasures Deliberation Committee, which had already determined that the conduct in question ‘did not constitute school violence,’ and submitted to the prosecution a written opinion arguing that, on the basis of the same facts, the criminal charges of forcible indecent act or rape were likewise difficult to establish.

The Act on the Protection of Children and Youth against Sexual Abuse strictly regulates all sexual acts directed at minors.

Its scope includes not only adults but also, in some cases, acts committed by a youth against another youth.

In other words, even a youth may be subject to the same statute for a sexual act committed against a child or youth, and the likelihood of an actual custodial sentence is higher where assault or intimidation is found.

If charges under the Act on the Protection of Children and Youth against Sexual Abuse have been applied, a legal response is necessary even for a youth.

This is because a person aged 14 or older may face criminal punishment as well as protective dispositions under the Juvenile Act.

At the early stage of a case, retracting statements or reacting emotionally may instead lead to an unfavorable outcome.

It is necessary to secure objective evidence (records of conversations, CCTV, witness statements, and the like) and, through an attorney, to establish on legal grounds whether there was consent and the absence of coercion.

The key points are establishing ‘whether there was consent’ and ‘the absence of coercion’, and it is necessary to review the credibility of the victim’s statements and to respond simultaneously to any parallel disciplinary proceedings within the school (such as the School Violence Committee).

In this process, the forensic recovery of online conversation records and their use as evidence is also important.

Cases involving a violation of the Act on the Protection of Children and Youth against Sexual Abuse require a comprehensive response because of the victim-statement-centered structure characteristic of sexual offense cases, the complexity of relationships among adolescents, and the parallel proceedings of school violence and administrative procedures.

Daeryun LLC responds to such cases through the following cooperative system.

· Attorneys focusing on sexual offenses analysis of statements, response to the criminal complaint, and preparation of opinions for non-prosecution

· Attorneys focusing on criminal matters accompaniment during investigations by the authorities and the development of strategies to defend against detention and indictment

· Attorneys focusing on school violence parallel School Violence Committee procedures and minimization of disciplinary risk

· Evidence Examination Center analysis of inconsistencies in statements and verification of whether evidence was forged or manipulated

· Digital Forensics Center restoration and submission of evidence such as chat records, CCTV footage, and SNS conversations

In this way, Daeryun has established a response system in which legal experts in each field cooperate closely so that a non-prosecution or no-charge conclusion may be reached from the early stage of the investigation.

Because adolescents aged 14 or older may be subject to criminal punishment, the complacent assumption that "a minor will be fine" is very dangerous.

Therefore, when a case under the Act on the Protection of Children and Youth against Sexual Abuse arises, please proceed with a 🔗consultation appointment and consult with a legal professional to help prevent an outcome that could affect the student's entire life.