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Deals & Cases

Statutory rape of a minor and other charges

Chuncheon Criminal Sexual Offense Attorney | Imprisonment Imposed for Statutory Rape of a Minor, Suspended Sentence Obtained Through the Attorney's Assistance

A Chuncheon attorney specializing in sexual offenses assisted with the appeal of a client who came to a sexual offense specialist attorney after being sentenced to imprisonment for statutory rape of a minor. The Chuncheon sexual offense attorney obtained a suspended sentence.

CONTENTS
  • 1. The Client Who Came to the Chuncheon Sexual Offense Attorney
  • 2. Chuncheon Sexual Offense Attorney: The Client's Charges
    • - Chuncheon Sexual Offense Attorney: The Client's Charges (1) Statutory Rape of a Minor
    • - Chuncheon Sexual Offense Attorney: The Client's Charges (2) Production and Distribution of Sexual Exploitation Material
    • - Chuncheon Sexual Offense Attorney: The Client's Charges (3) Conversation for the Purpose of Sexual Exploitation
  • 3. The Chuncheon Sexual Offense Attorney's Defense of the Client
  • 4. Chuncheon Sexual Offense Attorney: The Client's Judgment

1. The Client Who Came to the Chuncheon Sexual Offense Attorney

The client who came to a Chuncheon attorney specializing in sexual offenses was facing charges of violation of the Act on the Protection of Children and Youth against Sexual Abuse, including statutory rape of a minor.

The client stated that he had been sentenced to imprisonment at the first instance, and he sought the assistance of the Chuncheon attorney specializing in sexual offenses, saying that he wished to appeal in order to avoid the imprisonment.

The Chuncheon attorney specializing in sexual offenses set out to grasp the client's case, the details of which were as follows.

The client met the victim, a 12-year-old minor, through a random chat application and had sexual intercourse with the victim.

In addition, he had the victim film and send sexual exploitation material and sent messages for the purpose of sexual exploitation. On these charges, the client of the Chuncheon attorney specializing in sexual offenses was sentenced to 4 years of imprisonment at the first instance.

2. Chuncheon Sexual Offense Attorney: The Client's Charges

The client of a Chuncheon attorney specializing in sexual offenses was facing not only statutory rape of a minor but also multiple charges, which we will review one by one.

Chuncheon Sexual Offense Attorney: The Client's Charges (1) Statutory Rape of a Minor

The client, advised by a Chuncheon sexual crime specialist attorney, was facing a charge of 🔗statutory rape of a minor.

Statutory rape of a minor refers to a crime in which, where the victim is under the age of consent to sexual relations, even if the victim expressed consent, it is not deemed valid consent, and the act is treated as constituting the crime of rape. This charge is punished as follows.

Criminal Act Article 305 (Sexual Intercourse or Indecent Act with a Minor) ① A person who has sexual intercourse with or commits an indecent act against a person under the age of 13 shall be punished in accordance with Articles 297, 297-2, 298, 301, or 301-2.

Criminal Act Article 297 (Rape) A person who rapes another through assault or threat shall be punished by imprisonment for a definite term of at least three years.

Chuncheon Sexual Offense Attorney: The Client's Charges (2) Production and Distribution of Sexual Exploitation Material

The client, advised by a Chuncheon sexual crime specialist attorney, was also facing a charge of 🔗production and distribution of child and youth sexual exploitation material under the Act on the Protection of Children and Youth against Sexual Abuse.

The production and distribution of child and youth sexual exploitation material is punished as follows.

■ Act on the Protection of Children and Youth against Sexual Abuse Article 11 (Production and Distribution of Child or Youth Sexual Exploitation Material, etc.) ① A person who produces, imports, or exports child or youth sexual exploitation material shall be punished by life imprisonment or imprisonment for at least five years.

Chuncheon Sexual Offense Attorney: The Client's Charges (3) Conversation for the Purpose of Sexual Exploitation

The client, advised by a Chuncheon sexual crime specialist attorney, was finally facing a charge of conversation for the purpose of sexual exploitation of a child or youth under the 🔗Act on the Protection of Children and Youth against Sexual Abuse.

This charge is punished as follows.

Act on the Protection of Children and Youth against Sexual Abuse Article 15-2 (Conversation, etc. for the Purpose of Sexual Exploitation of a Child or Youth) ① Where a person aged 19 or older commits any of the following acts toward a child or youth through an information and communications network for the purpose of sexual exploitation, the person shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

1. Continuously or repeatedly engaging in conversation that may provoke sexual desire, shame, or aversion, or continuously or repeatedly having someone take part in such conversation

3. The Chuncheon Sexual Offense Attorney's Defense of the Client

The Chuncheon attorney specializing in sexual offenses provided the following defense to seek a reduction of sentence for the client, who had been sentenced to 4 years of imprisonment on the charges described above.

■The client of the Chuncheon attorney specializing in sexual offenses sincerely reflected on his conduct and conveyed a heartfelt apology to the victim.

■The client of the Chuncheon attorney specializing in sexual offenses reached a settlement with the victim's family.

■In the case handled by the Chuncheon attorney specializing in sexual offenses, the victim was very active in meeting with the client and engaged in sexual relations of the victim's own free will.

■The father of the client of the Chuncheon attorney specializing in sexual offenses was repenting and reflecting on his son's wrongdoing together with him and earnestly pleading for leniency.

4. Chuncheon Sexual Offense Attorney: The Client's Judgment

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After the advocacy of the Chuncheon sex crime attorney, the client received the following judgment.

The judgment of the lower court is reversed.

The defendant is sentenced to three years of imprisonment.

However, execution of the above sentence is suspended for five years from the date this judgment becomes final.

The client had committed multiple sex crimes against a minor and faced the near-certain prospect of serving a four-year prison term, but with the assistance of the Chuncheon sex crime attorney was able to avoid imprisonment.

Receiving a prison sentence at first instance and then obtaining a suspended sentence on appeal is not an easy result to achieve, and it was made possible by the assistance of the Chuncheon sex crime attorney.

As in this case, sex crimes against a minor are punished very severely.

For that reason, a prompt response upon being suspected is important, and when the assistance of a sex crime attorney is needed, it is advisable to visit the Chuncheon law firm and entrust the case.

춘천성범죄전문변호사 | 미성년자의제강간으로 징역형 선고 받은 의뢰인 항소 도와 집행유예 받음

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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