Gumi Sex Crimes Attorney | A Client Facing Criminal Trial for Statutory Rape of a Minor Defends a Suspended Sentence

The Gumi sex crimes attorney ascertained the detailed circumstances of the case through consultation with the client.

The client, who worked at a hospital in Gumi, became close with a minor inpatient (hereinafter the victim).

The client exchanged messages with the victim over social media and sent several sexual messages, and afterward, when the victim told the client that she wanted to have sexual relations, the client reportedly had sexual relations with the victim several times.

In the end, the client was referred to criminal trial for statutory rape of a minor, statutory analogous rape of a minor, and violation of the Child Welfare Act (coercion, arrangement of, or sexual harassment, etc. of a child for sexual conduct).

The client admitted to all of the offenses and, expressing remorse, earnestly requested help to avoid at least an immediate custodial sentence.

🔗The crime of statutory rape of a minor means that even sexual relations to which a minor consented are treated and punished as rape. An adult who has sexual relations with the consent of a minor is subject to criminal punishment.

In Korea, children under the age of 13 had been regarded as not having reached the age of consent for sexual intercourse, but recently statutory rape of a minor aged 13 or older but under 16 was found constitutional.

It was held that the crime is established even where the sexual intercourse took place with the consent of a minor under the age of 16.

▣ Act on Special Cases concerning the Punishment of Sexual Crimes Article 7 (Rape, Indecent Act by Compulsion, etc. against a Minor under 13)

(1) A person who commits the crime under Article 297 (Rape) of the “Criminal Act” against a person under the age of 13 shall be punished by life imprisonment or imprisonment for not less than 10 years.

(2) A person who, by assault or intimidation, commits any of the following acts against a person under the age of 13 shall be punished by imprisonment for a definite term of not less than 7 years.

1. An act of inserting the genitals into the inside of the body (excluding the genitals), such as the mouth or anus

2. An act of inserting part of the body (excluding the genitals), such as the fingers, or an instrument into the genitals or anus

The victim personally disclosed her age to the client, and accordingly the attorney emphasized that the client deeply reflects on the fact that he committed the sexual intercourse even though he knew at the time of the incident that the victim was a minor. The attorney emphasized that the client therefore voluntarily appeared at the police station together with counsel, submitted a written confession, and admitted to all of his wrongdoing.

The client, through counsel, conveyed an apology and a settlement amount to the victim, and the victim, accepting the client's sincere apology, said she would forgive him. The attorney also argued that a statement of no desire for punishment and a petition for leniency were delivered together.

The client sought to correct his mistaken perception of sex so as not to commit such an offense again, and the attorney argued that the client voluntarily completed sexual violence prevention education. Accordingly, the attorney requested that the court grant leniency, as there was no risk of reoffending by the client.