Act on Punishment of Arrangement of Commercial Sex Acts | Sexual Offense Attorney Successfully Defends a Client Facing Prostitution Punishment, Securing a Suspended Sentence

The client became acquainted with the victim through a random chat application.

The victim expressed a wish to meet, saying things such as "I can meet now" and "I want to have a drink together," and in response the client arranged a meeting near the victim's residence.

After having sexual relations with the victim at a nearby lodging establishment, the client gave the victim 100,000 won in return.

However, the victim's guardian, upon learning of this fact, filed a complaint against the client for a violation of the Act on Punishment of Arrangement of Commercial Sex Acts, and the client came to face punishment for prostitution.

The client therefore requested the assistance of a sexual offense attorney in order to defend against an actual custodial sentence.

1) The Client's Deep Remorse and Apology to the Victim

The attorney specializing in sexual offenses submitted more than ten pages of the client's handwritten letter of remorse, emphasizing that the client deeply regretted having committed prostitution out of a careless mindset in order to satisfy a sexual urge.

The attorney also explained that the client had conveyed a sincere apology to the victim and the victim's family and was sincerely repentant, and pleaded for leniency.

2) Highlighting Efforts to Prevent Recurrence

Through certificates of completion and attendance records, it was proven that, after the incident, the client had voluntarily and faithfully completed related education on several occasions at a specialized institution for the prevention of sexual offenses.

The sexual offense attorney submitted the client's written reflections together with these materials, emphasizing the client's strong resolve to prevent recurrence.

3) Emphasizing the Client's Social Ties

The attorney specializing in sexual offenses emphasized that the client lived with his parents and younger sibling and was the head of household responsible for the family's livelihood.

Accordingly, the attorney submitted a written petition stating that the family still trusted the client and hoped for leniency for the sake of the family's livelihood, thereby emphasizing the client's social ties.

Prostitution does not remain a mere transaction between individuals but takes various forms.

Compensated dating or arranged meetings targeting juveniles may be punished more severely under the Act on the Protection of Children and Youth against Sexual Abuse.

Arrangement through prostitution websites or chat apps, as well as prostitution in the form of disguised establishments such as so-called "officetel" venues or massage parlors, also subjects the arrangers and the proprietors to punishment.

In particular, coercion, intimidation, or the arrangement of overseas prostitution may result in a heavy sentence on a par with human trafficking.

If you are investigated on prostitution charges, it is important to organize your statements carefully.

Rather than answering the investigative authorities' questions immediately, it is necessary first to examine whether there were circumstances in which money or a pecuniary benefit was exchanged in return for the sexual relations.

This is because whether consideration was given, which distinguishes the matter from a simple meeting or a romantic relationship, becomes the key issue.

In addition, it is advisable to make a statement after organizing the facts in light of the materials the investigative authorities have secured, such as chat records, remittance histories, and CCTV footage.

Furthermore, it can be helpful to identify in advance and address mitigating factors, such as whether one turned oneself in, one's attitude of remorse, and whether one is a first-time offender with no prior record of criminal punishment.

1. We Conduct a Precise Analysis of Whether Consideration Was Involved

We reorganize the facts based on whether money was exchanged in return for sexual relations, and where circumstances suggest that consideration was weak, such as a romantic relationship or ordinary sharing of expenses, we build the defense around that point.

2. We Separate the Client from Any Connection to a Procurer or Accomplice

We distinguish whether the client was merely a user or whether there was active involvement, such as procuring or providing a venue, and we organize the facts so that the case is not unnecessarily expanded to include procuring or complicity.

3. We Manage the Evidence-Gathering Process and the Response to Digital Forensics

verify whether chat records, CCTV footage, and call recordings were collected lawfully, and where necessary, we examine arguments for the exclusion of unlawfully obtained evidence.

We also provide careful advice on matters directly affecting the right of defense, such as whether to consent to forensic examination of a mobile phone.

In this manner, a sexual offense attorney can organize the core issues of the case, including the assessment of consideration, the question of complicity, and the response to evidence, in a way that helps reduce unfavorable developments.

If you require assistance, we invite you to use the 🔗Legal Consultation Reservation to receive specific guidance on a course of action suited to your current situation.