CONTENTS
- 1. The Circumstances of the Client's Case as Confirmed by a Gangnam Sex Crimes Attorney
- 2. What Is the Crime of Prostitution? Explained by a Gangnam Sex Crimes Attorney
- 3. Gangnam Sex Crimes Attorney | The Assistance Provided
- - The Client's Whereabouts Around the Presumed Day of the Incident
- - Gangnam Sex Crimes Attorney Argues That, Even Where a Deposit Was Made to the Account of a Woman Engaged in Prostitution, Concluding That Prostitution Took Place Is a Logical Leap
- 4. Gangnam Sex Crimes Attorney | Result of Assistance: No Suspicion of Crime, Non-Referral
1. The Circumstances of the Client's Case as Confirmed by a Gangnam Sex Crimes Attorney
The following are the circumstances of the client's case as confirmed by the Gangnam sexual offense attorney.
One day, the client suddenly received a call from the police asking him to appear for an investigation on a charge of purchase of sex.
When the account of the woman who had engaged in prostitution was checked, the client's name appeared, which led to the investigation.
The client, however, had a record of depositing money into that woman's account, but stated that he had never engaged in prostitution and could not properly remember the matter, as it had occurred more than about 2 years earlier.
The client also had a golf gathering early in the morning both on the day of the deposit and the following day, so there was no time to engage in prostitution.
Having been unjustly implicated in a charge of prostitution, the client requested the Gangnam sexual offense attorney to conclude the case early by obtaining a no suspicion of crime decision at the investigation stage.
2. What Is the Crime of Prostitution? Explained by a Gangnam Sex Crimes Attorney
The Gangnam sex crimes attorney reviewed the crime of prostitution.
The client's alleged offense, the crime of prostitution, refers to the act of providing or promising sexual conduct for the purpose of money, goods, or other pecuniary benefit.
Under the Act on Punishment of Arrangement of Commercial Sex Acts (the Special Act on Prostitution), prostitution is legally regulated within the country.
A person who engages in prostitution is punished under the Criminal Act and the Act on Punishment of Arrangement of Commercial Sex Acts.
Both the person who provides sex and the person who buys sex are subject to punishment, and the judgment is based solely on the act itself, regardless of whether payment was made.
Prostitution is classified into the following types.
| Prostitution | Direct exchange of sexual services for pecuniary benefit (prostitution establishments, individual transactions) |
| Arranging prostitution | An act by a third party of brokering or promoting prostitution (establishment operators, online arrangement, etc.) |
| Coercion into prostitution | An act of forcing prostitution through violence or threat (related to human trafficking) |
The level of punishment for the crime of prostitution is as follows.
| The act of engaging in prostitution | Imprisonment for not more than 1 year, or a fine, minor imprisonment, or a minor fine of not more than 3 million won |
| The act of advertising for the purpose of introducing or arranging employment to engage in selling sex or obscene acts | Imprisonment for not more than 3 years or a fine of not more than 30 million won, with attempts also punishable |
| Arranging prostitution and the like as a business - The act of recruiting a person to sell sex and receiving compensation for it - The act of introducing or arranging employment to sell sex and receiving compensation for it | Imprisonment for not more than 7 years or a fine of not more than 70 million won, with attempts also punishable |
3. Gangnam Sex Crimes Attorney | The Assistance Provided
The Gangnam sex crimes attorney set out to assist as follows in order to prevent the client's punishment.
The Client's Whereabouts Around the Presumed Day of the Incident
The Gangnam sex crime specialist attorney, after the client received contact from the investigator in charge, confirmed the client's whereabouts on the date presumed to be the day the incident occurred.
The client had a golf appointment around that date.
The client set out from the early morning of the previous day and headed to the golf course, returned home late in the evening after finishing the round, and again headed to the golf course early the next morning.
The Gangnam sex crime specialist attorney argued this point by citing the client's fuel purchase records and the messenger conversations exchanged with acquaintances at the time.
The attorney also argued that the distance between the client's home and the golf course took about 4 hours, and that, considering the round arrival time, the round duration, and meal times, it took roughly a full day.
The attorney argued that, considering the circumstances of the client's statement, the client was likely staying at the client's residence, and that, contrary to the criminal facts argued by the police, it could be presumed that the client did not engage in prostitution.
The attorney argued that, as it was confirmed that the client, in order to travel to a golf course located at a considerable distance from home, returned after finishing the schedule and then headed to the golf course again early the next morning, it was not logically sound to rely on a determination that the client had engaged in prostitution with the other woman based on the existence of a deposit record.
Gangnam Sex Crimes Attorney Argues That, Even Where a Deposit Was Made to the Account of a Woman Engaged in Prostitution, Concluding That Prostitution Took Place Is a Logical Leap
The Gangnam sexual offense specialist attorney asserted the client's lack of suspicion by citing the following precedent.
| In a criminal trial, the finding must be based on evidence with probative value sufficient to give the judge a conviction that the charged facts are true beyond a reasonable doubt, and if there is no such proof, the defendant cannot be found guilty even if there is suspicion of guilt against the defendant (Supreme Court, August 21, 2001, Judgment 2001Do2823) |
The attorney asserted that, since there was no clear evidence beyond the deposit records to show that the client had engaged in prostitution with the woman, a disposition of no suspicion and non-referral should be rendered.
4. Gangnam Sex Crimes Attorney | Result of Assistance: No Suspicion of Crime, Non-Referral
The police, accepting the argument of the Gangnam sex crime attorney, issued the client a no suspicion of crime, non-referral disposition.
In cases where a prostitution offense has been committed, the offender may be caught on the spot, or may be caught long after the prostitution after the records of a prostitution establishment's ledger or the manager's mobile phone are examined.
If you are facing a police investigation, please be sure to obtain the assistance of an attorney and establish a defense strategy in a direction favorable to the client.
If, like this client, you are facing the risk of punishment for a prostitution offense that you feel is unfair, please proceed with a consultation right away with a 🔗sex crime attorney at Daeryun.
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.
