CONTENTS
- 1. How the Client Came to a Jinju Criminal Attorney
- - The Client Who Requested the Assistance of a Jinju Criminal Attorney
- - Legislation Relevant to the Case, Explained by a Jinju Criminal Attorney
- 2. Assistance Provided by the Jinju Criminal Attorney
- - Jinju Criminal Attorney Argues That the Protected Juvenile Was a First-Time Offender with No Prior Record of the Same Type
- - Jinju Criminal Attorney Argues That an Amicable Settlement Was Reached with the Victim's Side
- - Jinju Criminal Attorney Argues That the Protected Juvenile Is Making Efforts to Prevent Recidivism
- 3. Result of the Jinju Criminal Attorney's Assistance: a “Protective Disposition”
- - The Jinju Criminal Attorney's Case Notebook
1. How the Client Came to a Jinju Criminal Attorney
The client who came to the Jinju criminal attorney faced the risk of criminal punishment for violating the Act on Special Cases concerning the Punishment of Sexual Crimes, and the client requested the assistance of the criminal attorney at the Jinju office in order to defend against this.
The Client Who Requested the Assistance of a Jinju Criminal Attorney
The client in this case, who requested the assistance of the Jinju criminal attorney, was a minor.
The client had a victim met through an app take nude photographs of herself and then received the recorded material from her.
The client also threatened the victim, stating that the recorded material capable of causing humiliation would be spread to the victim's school.
The client thereby violated the Act on Special Cases concerning the Punishment of Sexual Crimes in several respects, including the production and distribution of sexual exploitation material and threat and coercion using recorded material.
Because public opinion concerning related cases was demanding punishment without leniency, the client faced the risk of receiving criminal punishment and leaving a criminal record.
The client therefore requested the assistance of the Jinju criminal attorney at Daeryun Law Firm in order to avoid criminal punishment.
Legislation Relevant to the Case, Explained by a Jinju Criminal Attorney
■ Legislation Relevant to the Case, Explained by a Jinju Criminal Attorney
Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14-3 (Threat and Coercion Using Recorded Material, etc.)
▶ A person who threatens another using recorded material or a reproduction thereof capable of arousing sexual desire or causing humiliation is punished by imprisonment for a definite term of not less than 1 year. ▶ A person who, by the threat under paragraph (1), obstructs another's exercise of a right or causes another to perform an act not obligated is punished by imprisonment for a definite term of not less than 3 years. ▶ Where the offenses under paragraphs (1) and (2) are committed habitually, the punishment prescribed for the respective offense is increased by up to one half. |
Production, Distribution, and Viewing of Child and Youth Sexual Exploitation Material
Article 11 (Production and Distribution, etc. of Child and Youth Sexual Exploitation Material)
▶ A person who produces, imports, or exports child and youth sexual exploitation material is punished by imprisonment for life or for a definite term of not less than 5 years. ▶ A person who, for the purpose of profit, sells, lends, distributes, or provides child and youth sexual exploitation material, or who possesses, transports, advertises, introduces, or publicly displays or screens such material for that purpose, is punished by imprisonment for a definite term of not less than 5 years. ▶ A person who distributes or provides child and youth sexual exploitation material, or who advertises, introduces, or publicly displays or screens such material for that purpose, is punished by imprisonment for a definite term of not less than 3 years. ▶ A person who, knowing the circumstances that child and youth sexual exploitation material will be produced, arranges for a child or youth to be introduced to a producer of such material is punished by imprisonment for a definite term of not less than 3 years. ▶ A person who purchases child and youth sexual exploitation material, or who possesses or views such material knowing it to be child and youth sexual exploitation material, is punished by imprisonment for a definite term of not less than 1 year. ▶ An attempt to commit the offense under paragraph (1) is punished. ▶ A person who habitually commits the offense under paragraph (1) is subject to an increase of up to one half of the punishment prescribed for that offense. |
Dispositions for Juvenile Offenders (Ages 14 to Under 19)
▶ Juvenile offender : a juvenile aged 14 or older but under 19 who has committed an offense in violation of the penal laws ▶ Disposition : both a protective disposition and a criminal disposition are possible ▶ Record : no criminal record where a protective disposition is imposed ×, a criminal record where a criminal disposition is imposed ○ |
Decision on a Protective Disposition
1. Entrustment to the protective custody of a guardian or a person who can protect the juvenile in place of the guardian 2. Order to attend a course 3. Community service order 4. Short-term probation by a probation officer 5. Long-term probation by a probation officer 6. Entrustment to a child welfare facility under the “Child Welfare Act” or another juvenile protection facility 7. Entrustment to a hospital, a sanatorium, or a medical rehabilitation juvenile reformatory under the “Act on the Treatment of Protected Juveniles, etc.” 8. Referral to a juvenile reformatory for up to 1 month 9. Short-term referral to a juvenile reformatory 10. Long-term referral to a juvenile reformatory |
2. Assistance Provided by the Jinju Criminal Attorney
The Jinju criminal attorney developed a systematic strategy to avoid a criminal disposition. The attorney argued grounds for a reduced sentence, emphasizing that the client was a first-time offender and that an amicable settlement had been reached with the victim's side.
Jinju Criminal Attorney Argues That the Protected Juvenile Was a First-Time Offender with No Prior Record of the Same Type
The Jinju criminal attorney emphasized that the protected juvenile was a first-time offender with no prior criminal record before this case.
The attorney also argued that the protected juvenile had never once been absent from school and was an ordinary student who had attended school diligently.
Jinju Criminal Attorney Argues That an Amicable Settlement Was Reached with the Victim's Side
The Jinju criminal attorney emphasized the fact that a settlement had been reached with the victim.
The protected juvenile conveyed a sincere apology to the victim, who suffered an indelible wound from the offense, and to the victim's parents.
The attorney further argued that an amicable settlement had been reached with the victim's side through the payment of a sum for the recovery of the harm, and that the victim's side also did not wish for the protected juvenile to be punished.
Jinju Criminal Attorney Argues That the Protected Juvenile Is Making Efforts to Prevent Recidivism
The Jinju criminal attorney emphasized the protected juvenile's attitude of remorse.
The attorney argued that the protected juvenile deeply repented of the wrongdoing and was spending each day in reflection and regret, and that the juvenile had completed counseling treatment and education to prevent sexual offense recidivism.
3. Result of the Jinju Criminal Attorney's Assistance: a “Protective Disposition”
Accepting the opinion of the Jinju criminal attorney, the court issued a protective disposition for the client rather than a criminal disposition. The client, who could have received a heavy criminal disposition and been left with a criminal record, expressed gratitude, stating that the matter had been concluded with a protective disposition thanks to the assistance of the Jinju criminal attorney.
The Jinju Criminal Attorney's Case Notebook
This was a case in which a minor client who came to the Jinju criminal attorney had committed various sex offenses but received a relatively light protective disposition through the assistance of Daeryun Law Firm.
Even a juvenile offender, if not a juvenile under 14 below the age of criminal responsibility, may receive a criminal disposition and be left with a criminal record.
Defending against this generally requires the assistance of an experienced attorney.
At Daeryun Law Firm, experienced attorneys guide clients' cases in a favorable direction through systematic strategies.
If you need to defend against punishment in a situation like the case above, you may consult the Jinju criminal attorney at Daeryun Law Firm with your case at any time.
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