Ansan Law Firm | An Ansan Attorney Assists a Client Charged with Violating the Youth Protection Act and Obtains a Suspended Sentence

The client first made contact with the victim (16 years old) through a chat app.

The victim had set her age at 18, but her actual age was 16.

The client began sexual conversations without knowing this.

Thereafter, the client continued to exchange messages with the victim, and these gradually led to sexual conversations.

The client continued the sexual conversations and, at the victim's suggestion to meet, met her in downtown Ansan.

The client met the victim, entered unattended lodging premises, and requested the purchase of sex, offering money if she would engage in sexual acts.

The victim agreed and had sexual intercourse with the client.

The client gave the victim 200,000 won in cash and obtained a promise that she would not report the matter, but the victim said the amount was too small and additionally demanded another 200,000 won in cash.

In this process, the victim threatened the client that she would report the matter to the police if she were not given more of the money.

The client explained that the victim ultimately reported she to the police and that she was arrested on a charge of violating the Act on the Protection of Children and Youth against Sexual Abuse.

The attorney explained that, because the client had a conversation on the app for the purpose of purchasing sex and the conduct actually proceeded to the purchase of sex, the client would be punished under the rules on the concurrence of several crimes.

Article 8-2 of the Act on the Protection of Children and Youth against Sexual Abuse (Sexual Intercourse with a Child or Youth at Least 13 but under 16 Years of Age, etc.)

② If a person at least 19 years of age commits an indecent act against a child or youth at least 13 but under 16 years of age by taking advantage of the child or youth's distressed state, or makes such a child or youth commit an indecent act against another person, the person shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 50 million won.

Article 12 of the Act on the Protection of Children and Youth against Sexual Abuse (Purchase of Sex from Children or Youth, etc.)

② A person who lures a child or youth, or solicits a child or youth to sell sex, in order to purchase sex from the child or youth shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

③ If a person commits an offense under paragraph (1) or (2) against a child or youth under 16 years of age or against a child or youth with a disability, the penalty prescribed for that offense shall be aggravated by up to one half.

Article 15-2 of the Act on the Protection of Children and Youth against Sexual Abuse (Conversation for the Purpose of Sexual Exploitation of Children or Youth, etc.)

The attorney explained that a person who purchases sex from a minor may be punished if the following elements are met.

1. The other party is a child or youth.

2. An act of purchasing sex actually took place.

3. Whether sexual intercourse occurred.

4. Intent.

All of these elements must be met before a person may be punished for the purchase of sex from a minor.

The client recognized that the victim was a child or youth and attempted sexual exploitation, so an offense meeting the legal requirements was committed.

The fact that the client engaged in conversation with sexual intent and the fact that the victim suffered physical and psychological harm are also important factors in the court's assessment, so they must be examined closely.

The attorney argued that the client was a first-time offender with respect to sexual offenses.

The attorney emphasized that the client was a law-abiding citizen with no prior convictions of any kind, let alone of the same type, and that he had never once attempted to purchase sex from a minor before this incident.

The attorney also submitted the client's high school records, emphasizing that he had been an exemplary student who ranked third in his school.

After the incident, the client submitted a total of 15 letters of apology to the victim and the victim's parents, making efforts toward a sincere apology and an amicable settlement.

The client also actively helped the victim recover by depositing 10 million won with the court.

Through these actions, the client acknowledged that he had committed an irreparable wrong against the victim and showed deep remorse.

The attorney explained that the client was voluntarily undergoing psychological evaluation, completing a sexual violence prevention program, and making efforts toward improvement in order to prevent any recurrence.

The attorney also submitted an opinion letter from a psychological counselor to demonstrate the client's improved sexual awareness.