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Statutory imitative rape of a minor, etc.
Statutory imitative rape of a minor, etc.Entrustment to protective custody

A Changwon Sexual Crime Attorney Case | A Charge of Statutory Analogous Rape of a Minor, Defended with Entrustment to Protective Custody

The client who sought out our Changwon sexual offense attorney was implicated in charges of imitative rape of a minor, and came to the sexual offense attorney at the Changwon office in order to proceed with the sexual offense case together with a Changwon attorney.

1. The Client Who Came to the Changwon Sexual Crime Attorney

창원성범죄변호사

The client who sought out our Changwon sexual offense attorney came to the sexual offense attorney at the Changwon office in order to avoid, with the assistance of a specialist attorney, a disposition referring him to a juvenile reformatory for statutory imitative rape of a minor.

How the Client Came to the Changwon Sexual Crime Attorney

The following is the account of the client who urgently came to our sexual offense attorney and requested assistance.

The client met the victim, with whom he had become close while living in the same neighborhood, at a nearby park.

Having conversed with the victim for a long time, the client began to develop a sexual impulse toward the victim.

As a result, the client touched the victim's body and, going further, inserted a finger into the victim's genitals, thereby committing imitative rape.

The client became implicated in 🔗statutory imitative rape of a minor and indecent act against a minor, and faced the risk of heavy punishment.

In order to hold a legal consultation with a sexual offense specialist attorney, swiftly establish a strategy, and avoid a disposition referring him to a juvenile reformatory, the client came to the sexual offense attorney at the Changwon office and requested a consultation.

2. Laws Relevant to the Case, Explained by the Changwon Sexual Crime Attorney

Act on Special Cases concerning the Punishment of Sexual Crimes Article 7 (Rape, Indecent Act by Compulsion, etc. against a Minor under 13 Years of Age)

① A person who commits the crime under Article 297 (Rape) of the "Criminal Act" against a person under 13 years of age shall be punished by life imprisonment or imprisonment with labor for at least 10 years.
② A person who, through violence or intimidation, commits any of the following acts against a person under 13 years of age shall be punished by imprisonment with labor for a definite term of at least seven years.
1. An act of inserting one's genitals into the inside of the body (excluding the genitals), such as the mouth or anus
2. An act of inserting a part of the body (excluding the genitals), such as the fingers, or an instrument into the genitals or anus

Act on Special Cases concerning the Punishment of Sexual Crimes Article 7 (Rape, Indecent Act by Compulsion, etc. against a Minor under 13 Years of Age)
③ A person who commits the crime under Article 298 (Indecent Act by Compulsion) of the "Criminal Act" against a person under 13 years of age shall be punished by imprisonment with labor for a definite term of at least five years.
④ A person who commits the crime under Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the "Criminal Act" against a person under 13 years of age shall be punished in accordance with paragraphs (1) through (3).
⑤ A person who, through deceit or coercion, has sexual intercourse with or commits an indecent act against a person under 13 years of age shall be punished in accordance with paragraphs (1) through (3).

3. The Assistance Provided by the Changwon Sexual Crime Attorney

Our Changwon sexual offense attorney formed a team of 3 to 20 attorneys, swiftly grasped the case, and established a strategy suited to it.

In order to ensure a solid preparation for the defense against punishment for the sexual offense, the attorney presented the following arguments.

The Changwon Attorney's Argument (1): Immature Sexual Awareness

The client was entirely unable to recognize that his conduct posed a threat to the victim or was contrary to the victim's will.

Owing to the client's perception, shaped by an immature understanding of sexuality, he came to commit the wrong at issue in this case.

The attorney emphasized that the client, though belatedly, had realized that his conduct was wrong and was deeply reflecting on it.

The Changwon Attorney's Argument (2): Blocking Contact with the Complainant

The client's parents transferred the client to another school far from the school the victim attended.

In addition, being concerned that their residence was close to the victim's, they are planning to move.

The attorney emphasized that the client's parents had the client take time for reflection and repentance and had cut off any contact with the victim or other friends, so that the risk of reoffending was virtually nonexistent.

The Changwon Attorney's Argument (3): No Coercion or Threat Existed

In this case, the client did not exercise any violence or intimidation against the victim.

The attorney emphasized that, on the contrary, the sexual act appeared to have been carried out with the victim's agreement, and that as a result no bodily or physical harm, such as injury, had been caused to the victim.

4. The Court's Decision on the Changwon Sexual Crime Attorney's Argument

The court, accepting the argument of our Changwon sexual offense attorney, rendered a judgment stating, "The juvenile under protection shall be entrusted to the custody of his guardian."

The client, who had sought to avoid a disposition referring him to a juvenile reformatory, was able to receive a relatively light protective disposition with the assistance of the sexual offense attorney.

If You Need the Assistance of a Sexual Crime Attorney

In the case of the crime of statutory rape of a minor, depending on the victim's age, there is a possibility that the perpetrator may be punished even if the perpetrator is a minor.

Therefore, if you become implicated in a sexual offense, it is advantageous to receive the assistance of a specialist attorney in the early stages of the case.

At Daeryun Law Firm, sexual offense specialist attorneys with an average of more than 20 years of legal experience, with backgrounds in the courts, the prosecution, and the police, provide thorough and dedicated representation from consultation through the investigation and the trial.

Attorneys specialized in sexual offense cases swiftly grasp the case, and attorneys with backgrounds as judges, prosecutors, and police officers accompany the client during the investigation and the trial to prepare a solid response for the defense against punishment.

Using the latest digital forensic equipment, we recover deleted digital data and lawfully gather evidence to guide the case in a favorable direction.

If you find yourself in a situation similar to the case above and require the assistance of a specialist attorney, we invite you to seek out Daeryun Law Firm, where consultation and prompt response are available 365 days a year, 24 hours a day.

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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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Attorney YunJung Choi

YunJung Choi

T. 070-7510-2014

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