CONTENTS
- 1. A Client Who Requested Assistance for a Prostitution Offense Charge
- 2. If You Are Punished for a Prostitution Offense?
- 3. Details of the Assistance in the Prostitution Offense Case
- - The Sex Crime Attorney Argues That the Client Did Not Engage in Prostitution
- 4. Assisting a Prostitution Offense Client and Defending Against Punishment
1. A Client Who Requested Assistance for a Prostitution Offense Charge
The case of the client who was charged with the crime of prostitution is as follows.
One day, the client suddenly received notice from the police to undergo a police investigation on charges of prostitution.
The client had never engaged in prostitution, and could not recall the date on which the police said the client had engaged in prostitution because it was a matter from several years ago.
However, the police claimed that they had found the client's name while checking account records following the surrender of a woman who had engaged in prostitution.
Feeling fearful ahead of a police investigation over a matter from years earlier, the client immediately requested assistance from this firm's criminal law specialist attorney in defending against punishment.
2. If You Are Punished for a Prostitution Offense?
The following explains the level of punishment when a prostitution offense is committed.
A prostitution offense refers to engaging in sexual intercourse after agreeing to give or receive money or property or financial benefit with the other party.
Act on Punishment of Arrangement of Commercial Sex Acts, Article 21 (Penalty) (1) A person who engages in prostitution shall be punished by imprisonment for not more than 1 year, or by a fine, minor fine, or petty fine not exceeding 3 million won. |
Prostitution is a criminally prohibited offense, and both the person who engages in prostitution and the person who arranges it, that is, both the buyer and the seller, are subject to punishment.
A person who arranges prostitution for others may be punished under Article 19 by imprisonment for not more than 3 years or a fine not exceeding 30 million won, and prostitution involving a minor in particular is subject to aggravated punishment.
Criminal Act | Level of Punishment |
| Person who arranges prostitution - A person who arranges prostitution - A person who recruits another to engage in selling sex - A person who introduces or arranges employment so that another may engage in selling sex | Imprisonment for not more than 3 years or a fine not exceeding 30 million won |
| Person who purchases sex from a child or youth | Imprisonment for not less than 1 year and not more than 10 years, or a fine of not less than 20 million won and not more than 50 million won |
A prostitution offense is subject to a statute of limitations for prosecution, generally a period of about 5 years.
In addition, because there is no separate provision punishing attempts of a prostitution offense (for adults), it cannot be punished if the sexual act was not reached.
However, the assertion that the sexual act was not reached must be capable of being proven through objective evidence.
3. Details of the Assistance in the Prostitution Offense Case
To defend against punishment for the client charged with prostitution, the following assistance was provided.
The Sex Crime Attorney Argues That the Client Did Not Engage in Prostitution
The client asserted that at the time the deposit was made to the woman's account, the client had been taking his ailing father to and from the hospital.
The client also argued that, because the police station with jurisdiction over this case is located approximately two hours away from the client's home or the father's hospital, it was practically impossible for the client to have engaged in prostitution with the woman.
The sex crimes attorney further argued that the mere fact that the client had deposited money into the account held in the woman's name could not lead to the conclusion that the two had engaged in prostitution.
In addition, the attorney argued that, given that there was no evidence clearly proving that prostitution had taken place based solely on the woman's unclear statement, it was self-evident that no adverse disposition could be imposed on the client.
The client also argued that, including this case, he had never received any criminal punishment, and that he was living diligently despite difficult circumstances, such as taking his ailing father to and from the hospital.
Taking into account that it would be an unreasonable judgment to conclude that the client was an offender who had engaged in prostitution based solely on the existence of a transfer record, the attorney requested a disposition of no suspicion of crime and non-referral.
4. Assisting a Prostitution Offense Client and Defending Against Punishment
By representing the client who requested assistance with a prostitution offense, the firm obtained a non-referral decision from the police and was able to conclude the matter promptly.
If you come under police investigation for a prostitution offense, you should respond carefully with the assistance of an attorney experienced in prostitution cases from the early stage of the case.
This is because the result may differ if the critical window for proper early response is missed.
If a prostitution charge applies, even where the matter concludes with a fine, a criminal record may remain, and restrictions on background checks or employment may follow for a certain period.
If you need help with a prostitution offense, please request the assistance of this firm's 🔗sex crimes attorney.
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