[Suncheon Attorney Complaint Imprisonment Case] Suncheon Attorney, Criminal Complaint Resulting in a Sentence of Imprisonment

The client who came to the Suncheon attorney visited after filing a report with the police, with the client's child as a victim of sexual assault.

The perpetrator was the father of the daughter's close friend, and was someone with whom the client's couple had frequent contact, so they felt an even greater sense of betrayal.

It was confirmed that the daughter had been sexually assaulted multiple times, and not only that, but the perpetrator even photographed the daughter to produce and possess sexual exploitation material, so the nature of the offense was very serious.

In order to ask the court for severe punishment of the perpetrator, the client requested the help of Daeryun Law Firm's Suncheon attorney.

The Suncheon attorney explains the related sex offense provisions.

• Criminal Act Article 305 (Sexual Intercourse With or Indecent Act Against a Minor)
• (1) A person who has sexual intercourse with or commits an indecent act against a person under 13 years of age is governed by the provisions of Article 297 (Rape), Article 297-2 (Imitative Rape), Article 298 (Indecent Act by Compulsion), Article 301 (Rape, etc. Causing Bodily Injury), or Article 301-2 (Rape, etc. Causing Death).
• (2) 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 the provisions of Article 297 (Rape), Article 297-2 (Imitative Rape), Article 298 (Indecent Act by Compulsion), Article 301 (Rape, etc. Causing Bodily Injury), or Article 301-2 (Rape, etc. Causing Death).

Article 11 (Production, Distribution, etc. of Sexual Exploitation Material Involving Children and Youth)

(1) A person who produces, imports, or exports sexual exploitation material involving children and youth is punishable by life imprisonment or imprisonment for 5 years or more.

(2) A person who, for profit, sells, lends, distributes, or provides sexual exploitation material involving children and youth, or who possesses, transports, advertises, or introduces it for such purposes, or publicly displays or screens it, is punishable by imprisonment for a definite term of 5 years or more.

(3) A person who distributes or provides sexual exploitation material involving children and youth, or who advertises or introduces it for such purposes, or publicly displays or screens it, is punishable by imprisonment for a definite term of 3 years or more.

(4) A person who, knowing the circumstances that sexual exploitation material involving children and youth will be produced, arranges for a child or youth to be referred to a producer of such material is punishable by imprisonment for a definite term of 3 years or more.

(5) A person who purchases sexual exploitation material involving children and youth, or who possesses or views it knowing it to be such material, is punishable by imprisonment for a definite term of 1 year or more.

The Suncheon attorney argued that the offense involved approaching a young victim who, being still mentally and physically immature and not yet having fully developed the capacity for judgment and self-defense, and forming trust and closeness with her,

then making the victim emotionally dependent on the perpetrator and using the victim as a sexual object, that is, luring the victim through a so-called grooming process, and argued that the degree of blameworthiness was very high.

The Suncheon attorney argued that, no matter how much damages the defendant's side offered to pay, the victim firmly had no intention whatsoever of reaching a settlement.

The Suncheon attorney also emphasized that the victim was pleading for severe punishment of the defendant, having submitted the victim's petitions for severe punishment to the court on multiple occasions.

The Suncheon attorney presented the harm currently suffered by the victim and her family.

During the investigation, the victim found it distressing even to recall the incident, and she still attends a psychiatric hospital and consistently receives medication treatment.

The attorney argued that, out of fear that someone around her might learn of the incident, the victim was unable to attend school.

The attorney also argued that the family was finding it very difficult to cope, having learned that their child had endured such suffering. The attorney emphasized that the impact of the offense in this case on the victim and the victim's family was extremely significant.