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Deals & Cases

Violation of the Act on the Protection of Children and Youth Against Sexual Abuse

An Incheon Attorney's Assistance Case | A Client Charged With Violation of the Act on the Protection of Children and Youth Against Sexual Abuse, Non-Prosecution

The client sought an Incheon attorney to obtain advice on the case from an attorney who had handled many cases under the Act on the Protection of Children and Youth Against Sexual Abuse, and requested a thorough consultation.

CONTENTS
  • 1. The Client Who Sought an Incheon Attorney
    • - A Client Booked on a Charge of Violating the Act on the Protection of Children and Youth Against Sexual Abuse
  • 2. The Act on the Protection of Children and Youth Against Sexual Abuse Explained by an Incheon Attorney
    • - What Are the Elements of Violation of the Act on the Protection of Children and Youth Against Sexual Abuse?
    • - What Is the Sentencing for Violation of the Act on the Protection of Children and Youth Against Sexual Abuse?
  • 3. Incheon Act on the Protection of Children and Youth against Sexual Abuse Attorney's Case Resolution Strategy
    • - Attorney's Assistance ① Arguing That the Offense Was Committed Impulsively
    • - Attorney's Assistance ② Arguing That the Client Acknowledged the Wrongdoing and Showed Deep Remorse
    • - Attorney's Assistance ③ Arguing That an Amicable Settlement Was Reached With the Victim
  • 4. Result of the Attorney's Assistance, Non-Prosecution
    • - If You Need the Assistance of an Incheon Attorney

1. The Client Who Sought an Incheon Attorney

Daeryun's assistance with a non-prosecution decision under the Act on the Protection of Children and Youth Against Sexual Abuse

The client, booked on a charge of violating the Act on the Protection of Children and Youth Against Sexual Abuse, requested the help of an Incheon attorney in order to obtain a non-prosecution decision through the assistance of an attorney.

A Client Booked on a Charge of Violating the Act on the Protection of Children and Youth Against Sexual Abuse

The account of the client is as follows.

While using social media, the client came across a post by A stating that A was selling photographs of A's own body.

At first the client took no interest, but gradually became curious and struck up a conversation with A.

The client exchanged sexual conversations with A, a minor, and after sending money, even received photographs of A's body.

Some time later, A's parents discovered this, and so the client's offense came to light.

The client sought an Incheon attorney in order to entrust the case to an attorney who had handled many 🔗Act on the Protection of Children and Youth Against Sexual Abuse cases and to resolve the matter promptly.

2. The Act on the Protection of Children and Youth Against Sexual Abuse Explained by an Incheon Attorney

The client, booked on a charge of violating the Act on the Protection of Children and Youth Against Sexual Abuse (conversation for the purpose of sexual exploitation, etc.), requested the help of an Incheon attorney.

The following examines in detail the elements and sentencing for the charge of conversation for the purpose of sexual exploitation.

What Are the Elements of Violation of the Act on the Protection of Children and Youth Against Sexual Abuse?

The client was booked on a charge of violating the Act on the Protection of Children and Youth Against Sexual Abuse for exchanging sexual conversations with the victim, a minor.

Among violations of the Act on the Protection of Children and Youth Against Sexual Abuse, the elements of conversation for the purpose of sexual exploitation are as follows.

It must be carried out for the purpose of sexual exploitation.

It must be carried out using an information and communications network.

It must be an act of repeatedly engaging in, or causing participation in, conversations capable of arousing sexual desire or causing humiliation in a minor.

If the above elements are satisfied, the crime of conversation for the purpose of sexual exploitation is committed, and a heavy punishment may follow.

What Is the Sentencing for Violation of the Act on the Protection of Children and Youth Against Sexual Abuse?

An act in which a person aged nineteen or older, for the purpose of sexual exploitation, uses an information and communications network to repeatedly engage a child or youth in, or cause participation in, conversations that arouse sexual desire or cause humiliation is an act that violates the Act on the Protection of Children and Youth Against Sexual Abuse.

If this charge is established, under Article 15-2 of the Act on the Protection of Children and Youth Against Sexual Abuse, the person is subject to imprisonment for up to three years or a fine not exceeding thirty million won.

Because a sex crime against a child or youth carries a very high likelihood of severe punishment in this way, seeking the help of an attorney at the early stages of a case can be helpful.

3. Incheon Act on the Protection of Children and Youth against Sexual Abuse Attorney's Case Resolution Strategy

The attorney accurately identified the circumstances of the case through a thorough consultation with the client.

The attorney presented the following arguments and earnestly requested leniency for the client.

Attorney's Assistance ① Arguing That the Offense Was Committed Impulsively

The client committed the offense in this case as an adult who had not yet developed a fully formed set of sexual values or sound judgment.

The client began the conversation with the victim in this case out of curiosity, and this was an impulsive offense rather than a planned one.

The attorney also emphasized that the conversation did not continue over an extended period.

Attorney's Assistance ② Arguing That the Client Acknowledged the Wrongdoing and Showed Deep Remorse

The client feels a great deal of guilt over the fact that he attempted a sexual conversation with the victim despite knowing that the victim's sexual self-determination, values, and judgment were not yet mature.

The attorney emphasized that the client deeply regrets and feels remorse for having caused significant harm to the victim through this case.

Attorney's Assistance ③ Arguing That an Amicable Settlement Was Reached With the Victim

The client and the client's parents are keenly aware that they caused significant harm to the victim, and they applied for criminal mediation in order to remedy, even in part, the harm the victim suffered.

The client succeeded in reaching an amicable settlement with the victim through the criminal mediation process.

The attorney emphasized that the victim expressed the intention not to seek punishment of the client.

4. Result of the Attorney's Assistance, Non-Prosecution

The prosecution, accepting the attorney's arguments, ultimately rendered a decision of non-prosecution.

Having resolved the case promptly through the non-prosecution decision, the client expressed deep gratitude to the attorney.

If You Need the Assistance of an Incheon Attorney

Sexual offenses against children and youth are likely to result in severe punishment even for a first-time offender.

Consulting an attorney from the early stages of a case and receiving a concrete resolution strategy can be helpful.

🔗Sexual Offense Attorney collaborates with experts across multiple fields to thoroughly review the client's case and provides a one-stop legal service tailored to the client.

If you need the assistance of an attorney in a situation similar to the case above, please request a consultation through 🔗Legal Consultation Reservation.

인천아청법변호사 조력 사례 | 아청법 위반 의뢰인, 불기소

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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