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Violation of the Act on the Protection of Children and Youth against Sexual Abuse (purchase of sex, etc.)
Violation of the Act on the Protection of Children and Youth against Sexual Abuse (purchase of sex, etc.)Suspended sentence

Defense against purchase of sex from a minor | Violation of the Act on the Protection of Children and Youth against Sexual Abuse through purchasing sex from a minor, defended with a suspended sentence

The client, who faced a criminal trial on suspicion of purchasing sex from a minor, had engaged in the act knowing that the other party was a minor.

However, with Daeryun's assistance, the client obtained a suspended sentence under the Act on the Protection of Children and Youth against Sexual Abuse.

1. The client who visited Daeryun regarding purchasing sex from a minor

The client, who was suspected of purchasing sex from a minor, visited Daeryun to seek assistance with the criminal trial.

Because the client had engaged in the act despite knowing that the other party was a minor, it appeared difficult to avoid an actual custodial sentence.

What were the detailed circumstances of purchasing sex from a minor?

미성년자성매매-집행유예
Click the image above to view information on sex crimes.

We listened to the detailed circumstances of the client who had purchased sex from a minor.

The client had an in-person meeting with a person of the opposite sex whom they had met through social media.

According to the client, even after recognizing during the conversation that the other party was a minor, they agreed to engage in a quasi-sexual act in exchange for 100,000 won.

A few days later, however, the client received a call from the police station to come in for an investigation on suspicion of purchasing sex from a minor and ultimately faced a criminal trial.

The client stated that they wished to defend against criminal punishment as much as possible, and as the client requested, Daeryun devised a strategy to defend against punishment for the offense of purchasing sex from a minor by seeking a suspended sentence under the Act on the Protection of Children and Youth against Sexual Abuse.

What are the relevant statutes for purchasing sex from a minor?

🔗sex crimes, prostitution refers to the act of being provided with sexual intercourse in return for monetary gain. Because prostitution is legally prohibited in Korea, committing this offense results in criminal punishment.

In prostitution offenses, those subject to punishment are the persons who purchase and sell sex.

Even someone who does not directly purchase it but coerces prostitution and profits from it, such as a broker, is subject to punishment.

Simple prostitution offenses such as purchasing and selling sex

Imprisonment for not more than 1 year or a fine of not more than 3 million won

Procuring/arranging prostitution

Imprisonment for not more than 3 years or a fine of not more than 30 million won

Where procuring prostitution is conducted as a business

Imprisonment for not more than 7 years or a fine of not more than 70 million won

If, like the client above, a person becomes subject to purchasing sex from a minor, the Act on the Protection of Children and Youth against Sexual Abuse applies and the punishment becomes even more severe.

Where a child or youth is lured or solicited into prostitution

Imprisonment for not more than 7 years or a fine of not more than 50 million won

Where a child or youth is made to engage in prostitution accompanied by acts such as assault or intimidation

Imprisonment for a definite term of not less than 5 years

Where, in arranging child or youth prostitution, consideration is received, demanded, or promised

Imprisonment for a definite term of not less than 7 years

Purchaser of child or youth prostitution

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

Provider of a place for child or youth prostitution

Imprisonment for not more than 7 years or a fine of not more than 50 million won

2. Purchasing sex from a minor, Daeryun's assistance

The client, who was referred to a criminal trial on suspicion of purchasing sex from a minor, had purchased sex from the minor in violation of the law despite knowing that the other party was a minor, so it appeared difficult to avoid a heavy punishment.

To obtain a reduction of sentence for the client through a suspended sentence under the Act on the Protection of Children and Youth against Sexual Abuse, Daeryun argued to the court as follows.

The client suspected of purchasing sex from a minor, sincere remorse

The client acknowledges the offense in this case and is sincerely remorseful.

It was further emphasized that the client has come to be mindful of not repeating the same wrongdoing and is repenting for having caused psychological shock to the minor victim.

The client suspected of purchasing sex from a minor, completion of sexual violence prevention education

After this case, the client came to realize how serious a wrong their mistaken views on sex were.

Accordingly, it was emphasized that the client had completed sexual violence prevention education and counseling and had resolved never to repeat such a wrongdoing again.

The client suspected of purchasing sex from a minor, the risk of reoffending is markedly low

The client has no prior record of the same type of offense before this case.

In addition, it was argued that the risk of reoffending is low because the client is currently receiving psychological counseling and psychological treatment at a criminal psychology counseling center to correct their distorted perceptions about sex.

3. The client who purchased sex from a minor, defended with a suspended sentence under the Act on the Protection of Children and Youth against Sexual Abuse through Daeryun's assistance

The client, who faced the risk of criminal punishment due to purchasing sex from a minor, was sentenced to a ‘suspended sentence under the Act on the Protection of Children and Youth against Sexual Abuse’ through Daeryun's assistance as described above.

The client repeatedly expressed gratitude to the Daeryun Law Firm sex crimes specialist attorney who provided the assistance.

If you face the risk of punishment on suspicion of purchasing sex from a minor

One must not forget that purchasing sex from a minor is punished more severely than ordinary prostitution.

Therefore, upon facing a related suspicion, it is advisable to retain a specialist attorney at Daeryun Law Firm with experience handling cases involving a suspended sentence under the Act on the Protection of Children and Youth against Sexual Abuse and to proceed with the case.

At Daeryun Law Firm (LLC), 🔗sex crimes specialist attorneys and 🔗criminal specialist attorneys provide active assistance to reduce clients' sentences based on their extensive experience, so please request a legal consultation at any time.

미성년자성매매 방어 | 미성년자성매수로 아청법위반, 아청법집행유예로 방어

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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Experience as chief prosecutor at Uijeongbu District Prosecutors’ Office and chief prosecutor at Busan West Branch

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