CONTENTS
- 1. The Client Who Came on a Jinju Attorney Recommendation
- 2. Defense Strategy for the Client Who Received a Jinju Attorney Recommendation
- - Jinju Attorney Recommendation Strategy 1. Arguing That the Client Did Not Know the Victim Was a Minor
- - Jinju Attorney Recommendation Strategy 2. Arguing That the Client Is a First-Time Offender with No Record of Criminal Punishment
- 3. The Client Who Received a Jinju Attorney Recommendation Successfully Avoids an immediate custodial sentence
1. The Client Who Came on a Jinju Attorney Recommendation
The client who came to Daeryun on a recommendation for a Jinju attorney was in a situation in which they had been indicted on a charge of 🔗statutory rape of a minor.
In the client's case, they could face severe punishment on multiple charges of statutory rape.
The client, who came on a Jinju attorney recommendation, requested assistance, saying they wished to at least avoid an actual custodial sentence.
The Statutory Provisions Related to the Case of the Client Who Received a Jinju Attorney Recommendation
The client who visited Daeryun on a Jinju attorney recommendation was in a situation in which they had been charged with statutory rape of a minor.
The crime of statutory rape of a minor means that even sexual intercourse with a minor by consent is punished.
Criminal Act, Article 305 (Sexual Intercourse or Indecent Act with Minor)
(2) A person who is 19 years of age or older and commits sexual intercourse or an indecent act with a person who is 13 years of age or older but under 16 years of age shall be governed by Articles 297, 297-2, 298, 301, or 301-2.
Article 297 (Rape)
A person who rapes another by violence or intimidation shall be punished by imprisonment for a definite term of not less than 3 years.
Article 297-2 (Imitative Rape)
A person who, by violence or intimidation, inserts their genital into another person's body (excluding the genital), such as the mouth or anus, or inserts a part of the body (excluding the genital), such as a finger, or an instrument into the genital or anus shall be punished by imprisonment for a definite term of not less than 2 years.
Article 298 (Indecent Act by Compulsion)
A person who commits an indecent act on another by violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.
Article 301 (Bodily Injury Resulting from Rape, etc.)
A person who commits a crime under Articles 297, 297-2, and 298 through 300 and thereby injures or causes injury to another shall be punished by imprisonment for life or for not less than 5 years.
2. Defense Strategy for the Client Who Received a Jinju Attorney Recommendation
A defense strategy was presented for the client who visited Daeryun on a Jinju attorney recommendation.
Jinju Attorney Recommendation Strategy 1. Arguing That the Client Did Not Know the Victim Was a Minor
The client who came on a Jinju attorney recommendation had sexual intercourse with the victim by consent on several occasions.
The client and the victim, who met in person after getting to know each other through online chat, went to a motel.
The motel staff checked identification and then showed the victim and the client to a room.
Although the victim presented a forged identification card, she was wearing makeup and mature clothing, so it was a situation in which not only the client but even the motel staff found it difficult to tell whether she was a minor.
The client, too, naturally assumed the victim was an adult and came to have relations with her.
Jinju Attorney Recommendation Strategy 2. Arguing That the Client Is a First-Time Offender with No Record of Criminal Punishment
The client who received a Jinju attorney recommendation was a diligent and exemplary young person, to the extent that they are currently working at a large company.
The Daeryun Jinju attorney requested leniency, emphasizing that the client is ordinarily a good and exemplary citizen and has no record of criminal punishment whatsoever.
3. The Client Who Received a Jinju Attorney Recommendation Successfully Avoids an immediate custodial sentence
As a result of Daeryun's assistance, the client who received a Jinju attorney recommendation was able to receive a suspended sentence.
The client said, “I visited Daeryun on a Jinju attorney recommendation in order to at least avoid an actual custodial sentence. Thanks to the Daeryun Jinju attorney, I was able to avoid an actual custodial sentence. Thank you.”
As with the client who received a Jinju attorney recommendation, even if sexual intercourse with a minor takes place by consent, the crime of rape may be established.
This is because a minor's consent is regarded as an expression of intent based on an incomplete right of sexual self-determination arising from an immature concept of sexuality.
For that reason, in the case of this charge, if one does not respond from the early stage, even a first-time offender may receive severe punishment such as an actual custodial sentence.
From the early stage of a case, Daeryun Law Firm works, on the basis of reviewing the investigation records and understanding the circumstances, to help the client obtain leniency.
If you are seeking an attorney recommendation in a situation such as the above, please visit the Daeryun Law Firm 🔗Jinju office.
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.
