Anyang Law Office Assistance Case | A Client Sentenced to Four Years' Imprisonment for Statutory Rape of a Minor and Other Charges, a Suspended Sentence With the Assistance of Daeryun

The client who came to the Anyang law office had received a custodial sentence at the original trial for statutory rape of a minor and violation of the Act on the Protection of Children and Youth against Sexual Abuse.

While using an anonymous chat application, the client came to know the victim, a minor who was twelve years old.

The client kept in contact with the victim, requested suggestive photographs and videos from the victim, and received them.

Furthermore, the client met the victim in person and had sexual intercourse with the victim on a total of ten occasions.

Accordingly, the client, who was charged with 🔗statutory rape of a minor, continuous sexual harassment, and violation of the 🔗Act on the Protection of Children and Youth against Sexual Abuse, including the production of sexual exploitation material, was sentenced to four years’ imprisonment at the original trial and requested the assistance of the Anyang law office in order to pursue an appeal and seek a reduction of the punishment.

The Anyang attorney at the Anyang law office organized the laws relevant to the case.

What statutory rape of a minor is

It is a type of rape and indecent act, referring to a case in which, where the other party is below the age at which a person may consent to sexual relations, the act is treated as the crime of rape even if that party expresses consent.

• Criminal Act (Penal Code) Article 305 (Sexual Intercourse or Indecent Act with a Minor)
  ① A person who has sexual intercourse with or commits an indecent act against a person under the age of 13 shall be punished under Article 297, Article 297-2, Article 298, Article 301, or Article 301-2.
  A person who has sexual intercourse with a person under the age of 13 (including an attempt) or commits an act similar to sexual intercourse against a person under the age of 13 (including an attempt) and thereby inflicts injury or causes injury (Article 305, paragraph 1 of the Criminal Act (Article 301)) shall be punished by imprisonment for life or for a definite term of at least five years.

• Act on the Protection of Children and Youth against Sexual Abuse

※ Article 11 (Production, 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 at least five years.

⑤ A person who purchases child or youth sexual exploitation material, or who possesses or views such material knowing that it is child or youth sexual exploitation material, shall be punished by imprisonment for a definite term of at least one year.

⑦ A person who habitually commits the offense under paragraph 1 shall have the punishment prescribed for that offense increased by up to one-half.

The Anyang law office argued that the client had engaged in sexual relations based on the victim’s voluntary intention.

It was noted that the victim acted actively, including by requesting meetings with the client even after the relationship was discovered by the victim’s parents.

During the investigation, the photographs and videos sent by the victim were found in the recycle bin of the client’s mobile phone, which had been seized, and the client stated that he had deleted the victim’s photographs and videos himself.

The Anyang law office argued that the client had deleted the photographs and videos on his own in order to put an end to his contact with the victim.

Hoping to provide comfort to the victim’s family, the client attempted to make contact several times through his attorney and made efforts to reach an amicable settlement.

The Anyang law office emphasized that the victim’s family had forgiven the client and had expressed the intention not to seek punishment.

The client who came to the Anyang law office had been sentenced to four years’ imprisonment at the original trial for offenses including statutory rape of a minor.

With the assistance of the Anyang attorney, the sentence was reduced to a suspended sentence on appeal.

At Daeryun Law Firm, attorneys with backgrounds in the courts, the prosecutors’ office, and the police provide assistance for clients.

If you have become involved in a case such as the one above, please request the assistance of the Daeryun Anyang law office, which provides 🔗legal consultation 24 hours a day, 365 days a year.