CONTENTS
- 1. The Seongnam Attorney Confirms With the Victim
- - The Seongnam Attorney Confirms the Victim's Case
- 2. The Seongnam Attorney Confirms the Facts
- 3. The Seongnam Attorney Proves the Facts
- - The Seongnam Attorney Defends the Client Based on Evidence
- 4. The Seongnam Attorney on the Law Applicable to the Perpetrator
- - The Seongnam Attorney on the Applicable Law
- 5. The Seongnam Attorney Brings About an Actual Sentence for the Perpetrator
1. The Seongnam Attorney Confirms With the Victim
The minor sexual-offense victim client who came to the Seongnam attorney asked for help so that the perpetrator could receive severe punishment.
The Seongnam Attorney Confirms the Victim's Case
The client said that she had come to know the perpetrator while chatting on an internet gaming site.
The perpetrator persistently asked the client to meet in person, and when the client asked what they would do if they met, he said they would just have a meal.
The Seongnam attorney's client thought that having a meal with a gaming friend would probably be fine, and came to meet the perpetrator.
Because the client had told her birth year when they talked with each other in the game, the perpetrator knew the client's age.
2. The Seongnam Attorney Confirms the Facts
In the Seongnam attorney's case, the perpetrator demanded sexual relations as soon as he met the client, and the client, being immature, could not refuse the demand and had sexual relations.
Afterward, the perpetrator continued to contact the client and demand to meet, saying that he would never again demand sexual relations and that they should remain friends.
The Seongnam attorney's client could not refuse the perpetrator's demand and met him again, the perpetrator again demanded sexual relations, and the client again could not refuse.
The perpetrator knew where the client lived, and after the second instance of sexual relations, when the client avoided contact, he came to the vicinity of the client's home and demanded to meet so that he could apologize, and as soon as they met, he attempted sexual relations.
In this way, the perpetrator had sexual intercourse with the Seongnam attorney's client a total of three times.
Afterward, the client avoided the perpetrator's contact, and the perpetrator made threatening contact, saying things such as "I will rape you," causing the client to feel fear and dread.
3. The Seongnam Attorney Proves the Facts
In the Seongnam attorney's case, the perpetrator argued that he did not know the client was a minor and had merely had consensual sexual relations believing she was an adult. In response, the Seongnam attorney stated the following to prove the facts.
The Seongnam Attorney Defends the Client Based on Evidence
Before demanding sexual relations from the client, the perpetrator in the Seongnam attorney's case had continually said that he wanted to become her romantic partner, and the client refused, telling the perpetrator to meet someone his own age.
The perpetrator then said that he was 24 years old and the client was 14 years old, and that an age difference of that size could be overcome.
In addition, when he first asked to meet the client and she asked what they would do if they met, he had enticed her by saying, "What would I do with a middle school student? Let us just have a meal."
On this basis, the perpetrator had known that the Seongnam attorney's client was a minor.
4. The Seongnam Attorney on the Law Applicable to the Perpetrator
The Seongnam attorney will explain the law applicable to the perpetrator.
The Seongnam Attorney on the Applicable Law
The crime of statutory rape of a minor applies to the perpetrator in the case the Seongnam attorney handled.
Under the crime of statutory rape of a minor, even if the other party consents, a person aged 19 or older who has sexual relations with a person under the age of 16 is punished the same as for the crime of rape.
Accordingly, the perpetrator is punished under the following law.
Article 305(2) of the Criminal Act
A person aged 19 or older who has sexual intercourse with or commits an indecent act against a person aged 13 or older but under 16 is governed by Article 297, Article 297-2, Article 298, Article 301, or Article 301-2.
Article 297 (Rape)
A person who rapes another by assault or intimidation is subject to imprisonment for a definite term of at least 3 years.
5. The Seongnam Attorney Brings About an Actual Sentence for the Perpetrator
The Seongnam attorney proved, based on the evidence, the fact that the client had been subjected to sexual intercourse by the perpetrator, and brought about an actual sentence for the perpetrator.
In the crime of statutory rape of a minor, it is important to prove that the minor did not misrepresent her age.
For defense of a victim in a criminal case, which can be difficult to handle on one's own, you may reach out to a Seongnam attorney at Daeryun Law Firm for help.
![[성남변호사] 성남변호사, 미성년자 성범죄 피해자 도와 가해자 실형 이끌어](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240617124852221.webp&w=828&q=100 "@[해결사례]탬플릿 기반 복사")
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