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Deals & Cases

Violation of the Act on the Protection of Children and Youth against Sexual Abuse (sexual intercourse by deceit or coercion)

Daegu Criminal Law Specialist Attorney | Successful Defense Resulting in Entrustment to Protective Custody Despite Sexual Assault Against a Minor

A Daegu criminal law specialist attorney assisted a juvenile offender who had committed sexual assault against a minor, and although a heavy punishment was expected on charges under the Act on the Protection of Children and Youth against Sexual Abuse, the client received the lightest disposition, ‘entrustment to protective custody.’

CONTENTS
  • 1. The Juvenile Offender Who Came to a Daegu Criminal Law Specialist Attorney
    • - The Detailed Circumstances Identified by the Daegu Criminal Law Specialist Attorney
    • - Relevant Statutes Explained by the Daegu Criminal Law Specialist Attorney
  • 2. The Daegu Criminal Law Specialist Attorney's Assistance
    • - Daegu Criminal Law Specialist Attorney: No Intent of Sexual Intercourse on the Part of the Client
    • - Daegu Criminal Law Specialist Attorney: The Absence of Violence or Intimidation
    • - Daegu Criminal Law Specialist Attorney: The Client's Sincere Remorse
  • 3. The Client Who Received an ‘Entrustment to Protective Custody’ Disposition with the Daegu Criminal Law Specialist Attorney's Assistance

1. The Juvenile Offender Who Came to a Daegu Criminal Law Specialist Attorney

The client who came to a Daegu criminal law specialist attorney was a middle school student who qualified as a juvenile offender. He was charged with having had sexual intercourse with a minor victim one year older, and Daeryun's assistance appeared to be urgently needed.

The Detailed Circumstances Identified by the Daegu Criminal Law Specialist Attorney

대구형사전문변호사-아청법
Clicking the image above will allow you to view information on violation of the Act on the Protection of Children and Youth against Sexual Abuse.

The client was introduced to the victim by a friend.

They exchanged messages through SNS for about two days and then actually met.

During their conversation, the client, who believed the other party also had a willingness to engage in sexual relations, had the victim come to the basement of a building and had sexual intercourse.

However, the victim reported the client, stating that it was against her will and that she had been forced by the client, 🔗violation of the Act on the Protection of Children and Youth against Sexual Abuse (sexual intercourse by deceit or coercion).

Relevant Statutes Explained by the Daegu Criminal Law Specialist Attorney

Sexual offenses against children and youth can be punished far more severely than under the general Criminal Act.

▣ Criminal Act Article 297 (Rape)

A person who rapes another by means of violence or intimidation shall be punished by imprisonment for a definite term of at least three years.

▣ Act on the Protection of Children and Youth against Sexual Abuse Article 7 (Rape, Indecent Act by Compulsion, etc. Against Children and Youth)

A person who rapes a child or youth by means of violence or intimidation shall be punished by life imprisonment or imprisonment for at least five years.

In juvenile protection trials, a person aged 14 or older but under 19 is defined as a juvenile offender, a person aged 10 or older but under 14 as a juvenile subject to protective measures, and a person aged 10 or older but under 19 who is likely to commit a crime or delinquency as a status offender.

(* Here, a juvenile offender may be subject not to a protective disposition but to 🔗criminal punishment of a minor.)

The types of juvenile protective disposition for minors are as follows.

No. 1 : Entrustment to protective custody of a guardian

No. 2 : Attendance order (available for juveniles aged 12 or older)

No. 3 : Community service order (available for juveniles aged 14 or older)

No. 4 : Short-term probation by a probation officer (1 year)

No. 5 : Long-term probation by a probation officer (2 years, extendable by 1 year)

No. 6 : Entrustment to protective custody of a child welfare facility or other juvenile protection facility

No. 7 : Entrustment to a hospital or juvenile medical protection facility

No. 8: Referral to a juvenile reformatory for up to 1 month

No. 9 : Referral to a juvenile reformatory for up to 6 months

No. 10 : Referral to a juvenile reformatory for up to 2 years (available for juveniles aged 12 or older)

2. The Daegu Criminal Law Specialist Attorney's Assistance

The client who entrusted the case to the Daegu criminal law specialist attorney was 16 years old at the time of the incident and qualified as a juvenile offender. For that reason, more specialized assistance was needed, as he could be subject to criminal punishment.

Based on the information gathered through careful consultation with the client, Daeryun's Daegu office argued to the court as follows and appealed for leniency.

Daegu Criminal Law Specialist Attorney: No Intent of Sexual Intercourse on the Part of the Client

At the victim's request, the client went to the area where the incident occurred for the first time, and the victim knew the local geography far better.

Moreover, given that the client was a middle school student at the time and the victim was a high school student one year older, the attorney argued that there was no intent whatsoever to render the victim incapable of resistance and have sexual intercourse.

Daegu Criminal Law Specialist Attorney: The Absence of Violence or Intimidation

In typical cases of rape or indecent act by compulsion, violence or intimidation intended to accomplish sexual intercourse or an indecent act is generally involved.

However, in this case, the client did not commit any violence or intimidation against the other party.

The investigation found that while the two were dating, they engaged in physical contact from time to time that gradually escalated, and the attorney argued that, considering the circumstances at the time of the act and beforehand, there could be deemed to have been the other party's implicit consent.

Daegu Criminal Law Specialist Attorney: The Client's Sincere Remorse

After hearing about the other party's condition, the client is suffering greatly in his heart. He sincerely feels sorry that what he did to satisfy his own desire was felt by the other party as rape and indecent act by compulsion and is causing her distress.

The attorney emphasized that this is evident in the letters of reflection the client writes every day.

3. The Client Who Received an ‘Entrustment to Protective Custody’ Disposition with the Daegu Criminal Law Specialist Attorney's Assistance

The Daegu criminal law specialist attorney actively assisted the minor client who faced criminal punishment, and as a result concluded the case with the lightest protective disposition, a No. 1 disposition, ‘entrustment to protective custody’.

The client repeatedly expressed gratitude, saying he would never commit such an act again and thanking them for their help.

Adolescents, with their unstable and impulsive temperaments, may commit sexual offenses against other minors. Even if the offender is an adolescent, a heavy punishment may be imposed depending on the degree of the offense and the degree of harm, so it is advisable to retain a specialist attorney and proceed with the case as soon as charges are raised.

If you need related assistance, Daeryun Law Firm (LLC) 🔗Daegu office is available to assist you at any time.

대구형사전문변호사 | 미성년자에게 성폭행 저질렀으나 감호위탁으로 방어 성공

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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