Deals & Cases
[Assistance Case for a Sexual Offense Against a Minor] A Client Charged With a Sexual Offense Against a Minor Avoided a Custodial Sentence With the Assistance of a Daeryun Attorney
The client, who came to face trial for a sexual offense against a minor, was a minor at the time of the incident and committed a sexual offense against a minor, the younger sibling of a friend.
Facing trial for a violation of the Act on the Protection of Children and Youth against Sexual Abuse, the client requested assistance from Daeryun in order to defend against a custodial sentence.
1. The Client's Request for Assistance in the Sexual Offense Against a Minor
The client who came to Daeryun in connection with a sexual offense against a minor had committed an "imitative sexual act by deceit or coercion" against a friend's younger sibling and had been sentenced to three years' imprisonment in the lower court. The client visited Daeryun seeking assistance.
The Background of the Case as Understood From the Client in the Sexual Offense Against a Minor
The client, who came to face trial for a sexual offense against a minor, expressed his affection for the victim, his friend's younger sibling, and when the victim did not give a clear response, the client took it as shyness and engaged in sexual relations.
At the time, there was no particular indication of refusal from the victim when the client initiated the sexual relations, and during the sexual relations the victim asked to stop, saying in effect that there was "someone the victim liked," upon which the client stopped immediately.
However, the problem was that the client continued to request an imitative sexual act from the victim even after the sexual relations. In the end, the client was charged with an "imitative sexual act by deceit or coercion" in the indictment and was investigated by the police.
Seeking to explain the circumstances, including the failure to properly grasp the victim's inner intent, and to obtain assistance at trial, the client came to us at Daeryun.
The Level of Punishment and Sentencing for a Sexual Offense Against a Minor
Punishment for Rape or Indecent Act by Compulsion Against a Minor Under 13
Act on Special Cases concerning the Punishment of Sexual Crimes Article 7 (Rape, Indecent Act by Compulsion, etc. Against a Minor Under 13)
(1) A person who commits an offense under Article 297 (Rape) of the "Criminal Act" against a person under the age of 13 shall be punished by life imprisonment or imprisonment for at least 10 years.
(2) A person who, by violence or intimidation against a person under the age of 13, commits any of the acts under the following subparagraphs shall be punished by imprisonment for a definite term of at least 7 years.
1) Inserting the genitals into the inside of the body (excluding the genitals), such as the mouth or anus
2) Inserting a part of the body (excluding the genitals), such as a finger, or an instrument into the genitals or anus
(3) A person who commits an offense under Article 298 (Indecent Act by Compulsion) of the "Criminal Act" against a person under the age of 13 shall be punished by imprisonment for a definite term of at least 5 years.
(4) A person who commits an offense under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the "Criminal Act" against a person under the age of 13 shall be punished in accordance with paragraphs (1) through (3).
(5) A person who, by deceit or coercion, has sexual intercourse with or commits an indecent act against a person under the age of 13 shall be punished in accordance with paragraphs (1) through (3).
2. The Attorney's Assistance Regarding the Sexual Offense Against a Minor
At Daeryun Law Firm, we examined the case in detail through thorough consultation with the client, who faced trial for a sexual offense against a minor. In order to change the lower court's custodial sentence, we identified the specific facts as well as the client's environment and circumstances, and then emphasized the following points.
Argument That the Client Who Committed the Sexual Offense Against a Minor Was Also a Minor
We argued that the client who committed the sexual offense against a minor was 17 years old at the time of the offense, and that the client made a hasty judgment and committed the offense in a state in which the right of sexual self-determination and sexual awareness had not been properly formed.
We also argued that, at the time of the case, the defendant had not received proper education due to the particular family environment of his parents' divorce, and that he was lacking in terms of respect for the law and morality.
Argument That the Client Who Committed the Sexual Offense Against a Minor Was Deeply Remorseful
We emphasized that the defendant fully admitted the offense and had attended diligently, without ever failing to appear, from the investigation stage through the trial proceedings.
In addition, to help restore the victim, the defendant sincerely apologized, paid a settlement amount of 20 million won, and was in the process of reaching an amicable settlement.
Argument That the Client Who Committed the Sexual Offense Against a Minor Had No Prior Record of the Same Type of Offense
We emphasized that the defendant had never committed any sexual offense before this offense and had never engaged in improper conduct in relationships.
We also argued that the defendant had recently obtained a baking technician certificate and, once he returned to society, intended to live a new life properly as a baker.
3. The Result of the Assistance for the Client in the Sexual Offense Against a Minor: "Suspended Sentence"
The client, who was brought to trial for committing a sexual offense against a minor, had been sentenced to three years' imprisonment in the lower court, but through Daeryun's assistance and an appeal, the client was able to receive a suspended sentence.
Methods of Defending and Responding to Litigation Arising From a Sexual Offense Against a Minor
Indecent act by compulsion under the Criminal Act is punishable by imprisonment for up to 10 years or a fine of up to 15 million won. However, sexual offenses against children and youth constitute serious crimes, and because no maximum penalty is set, a heavier sentence exceeding the minimum threshold may be imposed.
If the offender is also a minor, responding at one's own discretion after arrest may worsen the situation.
The outcome can therefore differ greatly depending on who assists at trial, so to minimize the disadvantages that may arise in the difficult situation of facing charges such as statutory rape of a minor, you may wish to consult an attorney at Daeryun Law Firm as soon as possible.
![아청법 집행유예 선고 [미성년자성범죄 조력 사례] 미성년자성범죄 의뢰인, 대륜 전문변호사의 조력으로 실형 면해](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240607072426677.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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