Jeju Law Firm Assistance Case | Jeju Law Firm Defends a Perpetrator Student's Charges, Resulting in Entrustment to the Guardian's Protective Custody

The client's side asked the Jeju law firm to provide assistance so that no problems would arise with matters such as university admission.

It was confirmed that the client had committed this offense because they were short on pocket money. The client, who had committed the crime through poor judgment, was showing deep remorse.

Daeryun's Jeju law firm promised to help the client obtain the most lenient disposition possible so that no problems would arise in the future.

This is how to respond when a minor is involved in a sex offense, as explained by the Jeju law firm.

The Jeju law firm advises that if a person is of an age at which criminal disposition is possible, they must receive the help of a legal professional.

Even at an age not subject to criminal disposition, caution is required, because under the Juvenile Act a person who receives a disposition of No. 8 or higher may be sent to a juvenile reformatory.

In addition to this, the Jeju law firm warns that delinquent conduct may be recorded in the school records, which could create obstacles in the future.

Let us look at the sentencing related to this case, including the production and distribution of obscene material, together with the Jeju law firm.

Sentencing Related to This Case

Act on Special Cases concerning the Punishment of Sexual Crimes Article 14-3 (Intimidation or Coercion Using Filmed Material, etc.)
① A person who intimidates another by using filmed material or a reproduction thereof (including a reproduction of a reproduction) that may cause sexual desire or shame shall be punished by imprisonment for a definite term of not less than 1 year.
② A person who, through intimidation under paragraph (1), obstructs another's exercise of rights or compels another to do something they have no obligation to do shall be punished by imprisonment for a definite term of not less than 3 years.
③ If the crimes under paragraphs (1) and (2) are committed habitually, the punishment prescribed for such crimes shall be aggravated by up to one half.

Act on the Protection of Children and Youth against Sexual Abuse Article 11 (Production and Distribution, etc. of Child or Youth Sexual Exploitation Material)
① A person who produces, imports, or exports child or youth sexual exploitation material shall be punished by imprisonment for life or for a definite term of not less than 5 years.
② A person who, for profit, sells, lends, distributes, or provides child or youth sexual exploitation material, or who possesses, transports, advertises, or introduces it for such purpose, or publicly displays or screens it, shall be punished by imprisonment for a definite term of not less than 5 years.
③ A person who distributes or provides child or youth sexual exploitation material, or who advertises or introduces it for such purpose, or publicly displays or screens it, shall be punished by imprisonment for a definite term of not less than 3 years.
④ A person who, knowing the circumstances that child or youth sexual exploitation material will be produced, refers a child or youth to a producer of such material shall be punished by imprisonment for a definite term of not less than 3 years.
⑤ A person who purchases child or youth sexual exploitation material, or who possesses or views it knowing that it is such material, shall be punished by imprisonment for a definite term of not less than 1 year.
⑥ An attempt to commit the crime under paragraph (1) shall be punished.
⑦ A person who habitually commits the crime under paragraph (1) shall have the punishment prescribed for such crime aggravated by up to one half.

In the Case of a Minor

Juvenile Act Article 7 (Referral to the Competent Prosecutors' Office for Criminal Disposition, etc.)
① Where, as a result of investigation or hearing, the juvenile department finds criminal facts corresponding to imprisonment without labor or a heavier penalty and determines that, given the motive and the nature of the offense, criminal disposition is necessary, it shall by decision refer the case to the prosecutor of the prosecutors' office corresponding to the competent district court.
② Where, as a result of investigation or hearing, the juvenile department finds that the person concerned in the case is 19 years of age or older, it shall by decision refer the case to the prosecutor of the prosecutors' office corresponding to the competent district court. However, this shall not apply where the case must be transferred to a court under Article 51.

Article 32 (Decision on Protective Disposition)
① If the juvenile department judge determines, as a result of a hearing, that a protective disposition is necessary, the judge shall by decision impose one of the following dispositions:
1. Entrustment to a guardian or a person who can protect the juvenile in place of a guardian for protective custody
2. An order to attend a course
3. A community service order
4. Short-term probation by a probation officer
5. Long-term probation by a probation officer
6. Entrustment to a child welfare facility under the "Child Welfare Act" or other juvenile protection facility for protective custody
7. Entrustment to a hospital, sanatorium, or medical rehabilitation reformatory under the "Act on the Treatment of Protected Juveniles, etc."
8. Referral to a juvenile reformatory for up to 1 month
9. Short-term referral to a juvenile reformatory
10. Long-term referral to a juvenile reformatory

The Jeju law firm submitted evidence proving that the protected juvenile had not distributed the actual photos. On this basis, the firm argued that a lenient disposition should be given to the protected juvenile.

The Jeju law firm emphasized that no additional harm had occurred as a result of the protected juvenile's offense.