Daejeon Attorney | Daejeon Criminal Attorney Defends Client Who Entered a Prostitution Establishment Twice Against a Custodial Sentence

The client explained that after marriage he heard acquaintances say, 'Now that you are married, you will not be able to enjoy your freedom anymore,' which made him curious about prostitution establishments.

At first he had no intention of going, but because of marital quarrels that had become frequent recently and problems in the marital relationship, in a fit of anger he felt an impulse to try going once.

In the end, the client visited a prostitution establishment recommended by an acquaintance and engaged in prostitution a total of two times.

The problem was the fact that the client had not visited just once but had entered two or more times.

The investigative authorities were likely to find it difficult to view this as mere impulse and curiosity, so there was a possibility that they would consider a disposition of a fine or heavier rather than a suspension of indictment.

In the end, the client recognized this fact and came to the Daejeon criminal attorney to entrust the case and request assistance.

The client's case, booked on a prostitution charge, became punishable under the Act on Punishment of Arrangement of Commercial Sex Acts (hereinafter the 'Act on Punishment of Arrangement of Commercial Sex Acts').

Under Article 21 of the Act on Punishment of Arrangement of Commercial Sex Acts, a person who engages in prostitution may be punished by imprisonment for not more than one year or a fine of not more than 3 million won. A first-time offender may obtain a suspension of indictment, but if a person has engaged in prostitution two or more times, the likelihood of a fine rather than a suspension of indictment increases.

Reviewing prior precedents, in a 2019 case at the Seoul Central District Prosecutors' Office a suspension of indictment was issued to a suspect who was a first-time offender and showed a remorseful attitude, while in a 2020 case at the Busan District Court a defendant who had engaged in prostitution two or more times was sentenced to a fine of 2 million won, and in a 2021 case at the Incheon District Court the fact of two entries was considered and a fine of 3 million won was imposed.

However, in a 2022 case at the Daejeon District Court there was an instance in which a suspect received a suspension of indictment because completion of sex crime prevention education and submission of a petition were reflected, so we established a strategy to apply to the client's case.

That is, compared with the client's case, the client was in an unfavorable situation due to two instances of prostitution, but he was a first-time offender and was deeply remorseful.

Accordingly, if he made efforts such as completing sex crime prevention education and submitting petitions from family members and acquaintances, the likelihood of a suspension of indictment can be increased.

As there are instances in prior precedents where such grounds for leniency were reflected and a suspension of indictment was obtained, the Daejeon criminal attorney provided dedicated assistance so that the client could avoid a custodial sentence or a fine.

The client was a first-time offender with no prior record of the same type.

In addition, the client expressed that he was deeply remorseful.

He voluntarily informed his family and acquaintances of this fact and asked for forgiveness.

In the end, by obtaining petitions from his family and acquaintances, he expressed that the client was sincerely showing remorse.

On the recommendation of the Daejeon criminal attorney, he voluntarily completed programs such as sex crime prevention psychological education and resolved on his own not to reoffend.

It was asserted that the client had voluntarily visited a psychological counseling center and received education in order to develop gender sensitivity.