CONTENTS
- 1. Why the Client Sought Out the Anyang Sex Crimes Attorney
- - The Victim Was a Minor: Emphasizing the Need for a Prompt Response
- - How to Respond When Charges of a Minor Sex Crime, Such as Conversation for the Purpose of Sexual Exploitation, Are Applied
- - Sentencing for Conversation for the Purpose of Sexual Exploitation
- 2. The Assistance Provided by the Anyang Sex Crimes Attorney
- - Arguing That the Approach Was Not Intentional
- - The Victim Actively Continued the Sexual Conversation: Arguing That Judgment Was Impaired
- - Emphasizing the Defendant's Confession
- 3. The Court Accepted the Anyang Sex Crimes Attorney's Argument, 'Suspended Sentence' for the Charge of Violating the Act on the Protection of Children and Youth against Sexual Abuse
1. Why the Client Sought Out the Anyang Sex Crimes Attorney
The client who sought out the Anyang sex crimes attorney is said to have engaged in obscene chatting with a minor and to have requested nude photographs.
The client disclosed that he had carried on the chatting while aware that the other party was a minor.
Ultimately, the client, who came to face trial following a report by the victim's side, requested the assistance of the Anyang attorney specializing in sex crimes.
The Victim Was a Minor: Emphasizing the Need for a Prompt Response
The Anyang sex crimes attorney assessed that this was a situation in which a heavy sentence could be imposed, in light of several factors, including the fact that the client had exchanged obscene messages despite being aware that the victim was a minor, and the fact that he had sent more than 100 messages requesting obscene acts and revealing photographs.
The Anyang sex crimes attorney sought to respond promptly in connection with this case and to obtain the greatest possible reduction of sentence.
How to Respond When Charges of a Minor Sex Crime, Such as Conversation for the Purpose of Sexual Exploitation, Are Applied
The Anyang sex crimes attorney explained that, when the charge of conversation for the purpose of sexual exploitation is applied, whether the offender committed the act while aware that the victim was a minor is important.
This is because, if the crime was committed without knowing that the victim was a minor, this can serve as a mitigating factor.
Recently, punishment for sex crimes targeting minors has been growing increasingly severe.
In particular, in the case of a sex crime against a child or youth aged 13 or older, unlike the statute of limitations for an ordinary crime, which runs from the time the criminal act ends, the period is calculated from the day on which the victim child reaches the age of majority.
In other words, this means that an investigation may be conducted even after a long period has passed since the crime occurred.
The Anyang sex crimes attorney emphasized that, when a charge relating to a minor sex crime, other than conversation for the purpose of sexual exploitation, is applied, one should promptly find a specialized attorney and proceed with a consultation regarding the matter.
Sentencing for Conversation for the Purpose of Sexual Exploitation
Act on the Protection of Children and Youth against Sexual Abuse
Article 2 (Definitions) The terms used in this Act are defined as follows.
4. The term "act of buying the sex of a child or youth" means providing or promising money, goods, or other property gain, or the provision of duties or convenience, or other consideration, to a child or youth, to a person who has arranged the buying of the sex of a child or youth, or to a person who actually protects or supervises a child or youth, and having the child or youth perform, or causing the child or youth to perform, any one of the following acts.
(a) An act of sexual intercourse
(b) An act of pseudo-sexual intercourse using a part of the body, such as the mouth or anus, or a tool
(c) An act of contacting or exposing all or part of the body that causes the sexual humiliation or revulsion of an ordinary person
(d) An act of masturbation
Article 15-2 (Conversation with a Child or Youth for the Purpose of Sexual Exploitation, etc.) (1) Where a person aged 19 or older commits, for the purpose of sexual exploitation, any one of the following acts toward a child or youth through an information and communications network, such person shall be punished by imprisonment for not more than three years or a fine not exceeding 30 million won.
1. The act of continuously or repeatedly engaging in conversation that may cause sexual desire, humiliation, or revulsion, or of having a person continuously or repeatedly participate in such conversation
2. The act of luring or soliciting a person to perform any one of the acts under each item of Article 2, subparagraph 4
(2) Where a person aged 19 or older commits any one of the acts under each subparagraph of paragraph (1) toward a child or youth under 16 years of age through an information and communications network, such person shall be punished by the same sentence as under paragraph (1).
2. The Assistance Provided by the Anyang Sex Crimes Attorney
Through detailed consultation with the client, Law Firm Daeryun formed a task force composed of numerous experts with extensive experience in conversation for the purpose of sexual exploitation and minor sex crime cases.
The attorney then strongly argued that the defendant acknowledged having engaged in obscene chatting and requests for obscene acts with the victim, and that he was remorseful.
Arguing That the Approach Was Not Intentional
The Anyang sex crimes attorney stated that the defendant did not approach the victim intentionally.
The attorney argued that the defendant came to this incident while in a psychologically fragile state, suffering economic hardship due to business failure and other circumstances.
The Victim Actively Continued the Sexual Conversation: Arguing That Judgment Was Impaired
The Anyang sex crimes attorney explained that the victim actively continued the sexual conversation, and that as a result, the defendant's judgment became impaired, leading him to commit the crime.
However, the Anyang sex crimes attorney emphasized that the defendant, an adult, was deeply remorseful for having failed to correct the words and conduct of the still-immature minor victim and for having come to this incident.
Emphasizing the Defendant's Confession
The Anyang sex crimes attorney stated that the defendant had confessed to all of the facts in connection with this case and acknowledged the contents of the indictment.
On this basis, the sex crimes attorney sought leniency for the defendant.
3. The Court Accepted the Anyang Sex Crimes Attorney's Argument, 'Suspended Sentence' for the Charge of Violating the Act on the Protection of Children and Youth against Sexual Abuse
Accepting the sex crimes attorney's argument, the court rendered a judgment that "the defendant shall be sentenced to four months of imprisonment; however, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final."
As a result, the client was able to avoid being taken into custody in court and to return to the embrace of his family.
Law Firm Daeryun operates a sex crimes response group. Because the level of punishment for sex crimes tends to be high, depending on the matter, 1 to 20 experts respond to the client's case.
In addition, because the presence or absence of relevant evidence can determine the outcome of an investigation or trial, the evidence examination, digital forensics, and security groups directly collect and analyze evidence that an individual would find difficult to gather, and proceed to make it usable at trial.
If you are facing a difficult case, such as a minor sex crime, please feel free to inquire with Daeryun at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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