Ulsan Legal Consultation Assistance | Ulsan Legal Consultation Obtained a Minor Fine Despite a Charge of Sexually Harassing a Child

Child Welfare Act Article 71 (Penal Provisions)

(1) A person who violates Article 17 shall be punished in accordance with the following classifications.

1. A person who commits an act falling under Subparagraph 1 (excluding trafficking under Article 12 of the Act on the Protection of Children and Youth against Sexual Abuse) shall be punished by imprisonment for not more than 10 years.

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 not exceeding 100 million won.

Child Welfare Act Article 17 (Prohibited Acts)

No one shall commit any act falling under any of the following subparagraphs.

2. An act of causing a child to engage in obscene conduct or mediating such conduct, or sexual abuse such as sexual harassment directed at a child

Act on Special Cases concerning the Punishment of Sexual Crimes Article 13 (Obscene Acts Using Telecommunication Media)

A person who, for the purpose of arousing or satisfying his or another person's sexual desire, causes words, sounds, writings, pictures, images, or objects that arouse sexual shame or aversion to reach the other party through the telephone, mail, computer, or other telecommunication media shall be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won.

Through Ulsan legal consultation, Daeryun argued that while the client did send sexually harassing remarks and photographs to the victim, the matter did not lead to any more serious crime, such as proposing to meet in person.

In fact, the victim had feelings of affection toward the client and had even been the first to suggest meeting up to spend time together, but the client never actually met with the victim.

Through Ulsan legal consultation, Daeryun emphasized that the client had been a law-abiding citizen with no prior criminal record whatsoever before this case.

In fact, the client had regularly volunteered at animal shelters for abandoned dogs and had pledged to donate their organs, thereby providing a positive influence on society.

Daeryun's Ulsan attorney requested, on the basis of the client's character, that severe punishment be avoided.