CONTENTS
- 1. The Client Who Came to the Seongnam Sex Crimes Attorney
- - How the Client Came to the Seongnam Sex Crimes Attorney
- 2. The Law Relevant to the Case as Explained by the Seongnam Sex Crimes Attorney
- 3. The Seongnam Sex Crimes Attorney's Assistance
- - Seongnam Sex Crimes Attorney: Arguing That the Sexual Exploitation Material Was Not Distributed
- - Seongnam Sex Crimes Attorney: Arguing That the Amount of Sexual Exploitation Material Produced Was Not Large
- - Seongnam Sex Crimes Attorney: Arguing That a Settlement Had Been Reached with the Victim
- 4. The Court's Decision on the Seongnam Sex Crimes Attorney's Arguments
- - If You Need the Assistance of a Seongnam Sex Crimes Attorney
1. The Client Who Came to the Seongnam Sex Crimes Attorney
The client who came to the Seongnam sex crimes attorney consulted with the sex crimes attorney at the Seongnam office in order to avoid an immediate custodial sentence with the help of an experienced attorney.
How the Client Came to the Seongnam Sex Crimes Attorney
In this case, the client requested the contact information of the victim, whom the client had met through an online game, while aware that the victim was a minor.
After obtaining the victim's contact information, the client requested photographs of the victim's body, and the victim then sent nude photographs and obscene videos.
The client even stored the victim's photographs and videos on a mobile phone and was booked on charges of producing and possessing 🔗child and youth sexual exploitation material.
Having committed the offense against a child who was mentally and physically immature, the client was placed in a very unfavorable position.
Seeking to avoid an actual custodial sentence with the help of an experienced attorney, the client requested assistance from the Seongnam sex crimes attorney.
2. The Law Relevant to the Case as Explained by the Seongnam Sex Crimes Attorney
The provisions for punishing offenses related to child sexual exploitation material are also set out in the Act on the Protection of Children and Youth against Sexual Abuse.
The Act includes a provision punishing attempts, and there is also a provision for aggravated punishment of habitual offenders.
Even a person who merely ‘possesses’ or ‘views’ such material may be subject to imprisonment for a definite term of not less than one year.
Article 11 (Production, Distribution, etc. of Child and Youth Sexual Exploitation Material)
① A person who produces, imports, or exports child and youth sexual exploitation material shall be punished by imprisonment for life or for not less than five years.
② A person who, for profit, sells, lends, distributes, or provides child and youth sexual exploitation material, or who possesses, transports, advertises, or introduces it for such purpose, or who publicly exhibits or screens it, shall be punished by imprisonment for a definite term of not less than five years.
③ A person who distributes or provides child and youth sexual exploitation material, or who advertises or introduces it for such purpose, or who publicly exhibits or screens it, shall be punished by imprisonment for a definite term of not less than three years.
④ A person who, knowing the circumstances indicating that child and youth sexual exploitation material will be produced, refers a child or youth to the producer of such material shall be punished by imprisonment for a definite term of not less than three years.
⑤ A person who purchases child and youth sexual exploitation material, or who possesses or views it knowing that it is such material, shall be punished by imprisonment for a definite term of not less than one year.
⑥ An attempt under Paragraph 1 shall be punished.
⑦ A person who habitually commits the offense under Paragraph 1 shall have the prescribed punishment increased by up to one half thereof.
3. The Seongnam Sex Crimes Attorney's Assistance
The Seongnam sex crimes attorney analyzed the circumstances favorable and unfavorable to the client and developed a careful strategy, presenting a defense based on the following arguments.
Seongnam Sex Crimes Attorney: Arguing That the Sexual Exploitation Material Was Not Distributed
While acknowledging that the client had produced and possessed the child sexual exploitation material, the attorney emphasized that the client had not distributed the photographs or videos and thus had not caused secondary harm.
Seongnam Sex Crimes Attorney: Arguing That the Amount of Sexual Exploitation Material Produced Was Not Large
The attorney emphasized that the amount of child sexual exploitation material that the client had produced or possessed was not very large, and that the degree of harm was therefore relatively limited.
Seongnam Sex Crimes Attorney: Arguing That a Settlement Had Been Reached with the Victim
The client acknowledged the offense, deeply reflected on it, and sincerely apologized to the victim.
The attorney emphasized that the victim's side, in turn, had forgiven the client, that an amicable settlement had been reached, and that a statement of no wish to punish had been submitted.
4. The Court's Decision on the Seongnam Sex Crimes Attorney's Arguments
Accepting the Seongnam sex crimes attorney's arguments, the court imposed a ‘suspended sentence’.
If You Need the Assistance of a Seongnam Sex Crimes Attorney
In criminal cases, the early response is very important, so it can be said that the assistance of an attorney specializing in criminal matters is essential.
At Daeryun Law Firm, attorneys specializing in criminal matters with extensive experience in criminal cases respond promptly to changes in investigative systems and procedures and develop suitable, tailored strategies.
In addition, they use the latest analytical equipment and programs to secure legal evidence promptly when assisting clients.
If you need the help of an experienced attorney, please feel free to turn to Daeryun Law Firm 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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