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Violation of the Act on the Protection of Children and Youth against Sexual Abuse (sexual intercourse by deceit or coercion)
Violation of the Act on the Protection of Children and Youth against Sexual Abuse (sexual intercourse by deceit or coercion)Winning the case (favorable judgment)

Daegu Criminal Attorney Defense | Client Referred to Criminal Trial on a Charge of a Child and Youth Sexual Offense, Acquitted With Daeryun's Assistance

As a result of the Daegu criminal attorney's assistance to a client who faced a criminal complaint for violation of the Act on the Protection of Children and Youth against Sexual Abuse, the client was acquitted.

1. The Client Who Visited the Daegu Criminal Attorney

The client who visited the Daegu criminal attorney was suspected of a child and youth sexual offense. The client faced a criminal complaint filed by the victim's mother on the ground that the victim had contracted a sexually transmitted disease through sexual intercourse with the client.

The Detailed Circumstances Identified by the Daegu Criminal Attorney

Daegu criminal attorney-violation of the Act on the Protection of Children and Youth against Sexual Abuse
If you click the image above, you can view the content concerning the Act on the Protection of Children and Youth against Sexual Abuse.

The client faced a criminal complaint alleging that he had engaged in sexual intercourse with the victim, a minor, by deceit.

The circumstances at the time of the incident, as disclosed by the client, are as follows.

The client attempted to make contact in response to the victim, who said in an anonymous chat room that the victim wanted to meet, and this led to a meeting, and the two had sexual intercourse by consent.

Afterward, the two kept in regular contact and had everyday conversations, and they had sexual intercourse two more times.

However, about a month later, the victim learned of having contracted a sexually transmitted disease, and the victim's mother, upon learning that the cause was the relationship with the client, confronted the client.

The client acknowledged all of his fault and offered to compensate for the harm in money, but received no further contact thereafter, and the case was ultimately referred to a criminal trial.

The Relevant Laws Explained by the Daegu Criminal Attorney

🔗the Act on the Protection of Children·and Youth against Sexual Abuse is a law whose purpose is to prescribe special cases concerning the punishment and procedures for sexual offenses against children·youth, to establish procedures for the remedy and support of victimized children·youth, and to systematically manage offenders who commit sexual offenses against children·youth, thereby protecting children·youth from sexual offenses and enabling children·youth to grow into healthy members of society.

Act on the Protection of Children and Youth against Sexual Abuse
Article 2 (Definitions)
The meanings of the terms used in this Act are as follows.
1. The term "child or youth" means a person under 19 years of age. However, a person who has reached January 1 of the year in which the person turns 19 is excluded.

Article 7 (Rape, Indecent Act by Compulsion, etc. Against Children and Youth)
(1) A person who rapes a child·youth by violence or intimidation shall be punished by life imprisonment or imprisonment for a definite term of not less than 5 years.
(2) A person who commits any of the following acts against a child or youth by violence or intimidation shall be punished by imprisonment for a definite term of not less than 5 years.
1. An act of inserting the genitals into the inside of a body part such as the mouth or anus (excluding the genitals)
2. An act of inserting part of a body such as a finger (excluding the genitals) or an object into the genitals or anus
(3) A person who commits the crime under Article 298 of the Criminal Act against a child or youth shall be punished by imprisonment for a definite term of not less than 2 years, or a fine of not less than 10 million won and not more than 30 million won.

Child Welfare Act
Article 17 (Prohibited Acts)
No one shall commit any of the following acts.
2. An act of having a child engage in an obscene act, or an act of mediating such an act, or an act of sexual abuse such as sexual harassment that causes a child sexual shame

Article 71 (Penal Provisions)
(1) A person who violates Article 17 shall be punished according to the following classifications.
1-2. A person who commits an act falling under subparagraph 2 shall be punished by imprisonment for not more than 10 years, or a fine of not more than 100 million won.

2. The Daegu Criminal Attorney's Process of Assistance

The Daegu criminal attorney emphasized that most of the facts stated in the prosecutor's complaint were exaggerated, and that the client had not had sexual intercourse with the victim by coercion, but rather that all of the sexual acts had taken place by consent.

The Victim First Requested the Meeting From the Client

Looking at the content of the conversation between the client and the victim on the day of the incident, it can be seen that the victim first requested the meeting and that, even immediately after the sexual intercourse, the victim continuously kept in contact.


The attorney emphasized that no content blaming the client for having had sexual intercourse with the victim by coercion could be found in the conversation.

There Was No Fact of Sexual Intercourse With the Victim by Coercion

The prosecutor stated in the charged facts that the client had decided to have sexual intercourse with the victim by exploiting the fact that the victim, who was young and immature in sexual awareness, could not properly refuse the client's requests.

However, the attorney emphasized that the victim was in fact more open and more active about sex than the client, that the victim had never expressed an intention to refuse sexual intercourse with the client, and that the sexual intercourse had taken place naturally and by consent.

It Cannot Be Established With Certainty That the Cause of the Victim's Sexually Transmitted Disease Lay With the Client

According to the victim's statement, the victim had also had sexual intercourse with another man of unknown identity before the relationship with the client, and the victim admitted to having had sexual intercourse with several other men thereafter as well.

And in light of the fact that the victim had a history of having undergone one examination before the sexually transmitted disease test prompted by this case, the attorney argued that it could not be established with certainty that the cause of the disease lay with the client alone.

3. Non-Prosecution Through the Daegu Criminal Attorney's Assistance

As a result of the Daegu criminal attorney's active assistance to the client who had been referred to a criminal trial for violation of the Act on the Protection of Children and Youth against Sexual Abuse, the client obtained an acquittal, and the prosecutor's appeal was also dismissed.

Violations of the Act on the Protection of Children and Youth Against Sexual Abuse Should Be Handled With an Attorney Specializing in This Field

If a person is referred to a criminal trial for violation of the Act on the Protection of Children and Youth against Sexual Abuse, a fairly heavy punishment is imposed where the charge is recognized.

Therefore, as with the client above, it is necessary to deny the charge by explaining in detail the exaggerated and unjust portions of the victim's statement.

At Daeryun LLC, attorneys with extensive experience handling cases related to child and youth sexual offenses provide active assistance to resolve clients' grievances and to defend against punishment, so if you need help in this regard, please feel free to request a 🔗legal consultation with Daeryun at any time.

대구형사변호사 방어 | 아동청소년성범죄 혐의로 형사재판 넘겨진 의뢰인, 대륜 조력 받아 '무죄'

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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