Assistance by a Yongsan Sex Crimes Attorney | A Yongsan Sex Crimes Attorney Obtained a Suspended Sentence on Appeal for a Client Charged With Statutory Rape of a Minor and Other Offenses

This is the account of a client who requested the assistance of a Yongsan sexual offense attorney.

The client had been conversing with a minor victim whom he met through an anonymous chat application.

He subsequently committed acts that included having sexual intercourse with the victim and having her film and send sexual exploitation material.

As a result, the prosecution sought a sentence of four years of imprisonment in the trial of first instance.

The client maintained, however, that the application was used mainly by men and women seeking romantic encounters and that he had no idea the other party was a minor.

Finding the judgment of the first instance unjust under these circumstances, the client requested the assistance of a sexual offense attorney at the Yongsan office.

🔗statutory rape of a minor applies where the victim is a minor under 13 years of age (under 16 years of age), who qualifies as a child or youth.

Act on the Protection of Children and Youth against Sexual Abuse

Article 7 (Rape, Indecent Act by Compulsion, etc. against Children and Youth)

Rape: Rape committed against a child or youth falls within the most severely punished category among sexual crimes. The statutory penalty is provided as life imprisonment or imprisonment for a definite term of 10 years or more.

Indecent act by compulsion: In the case of an indecent act by compulsion committed against a child or youth, imprisonment for a definite term of 5 years or more is imposed.

Punishment provisions related to child sexual exploitation material

- The punishment provisions related to child sexual exploitation material are also provided in the Act on the Protection of Children and Youth against Sexual Abuse.

- A provision punishing attempts can be found, and there is also an aggravated punishment provision for habitual offenders.

- A person who merely 'possesses' or 'views' such material may also be subject to imprisonment for a definite term of 1 year or more.

The client argued that the sexual relations took place by the victim's voluntary will.

The Yongsan sex crimes attorney emphasized that the client and the victim engaged in sexual relations by free will, and that in this case as well it was not the victim who reported the client but the victim's parents.

The client emphasized that, although the client had received photographs and videos from the victim, after deciding to end the relationship with the victim, the client had deleted all of them on the client's own initiative.

The client deeply regrets the conduct, mindful of the mental and psychological suffering the victim must have felt as a result of this incident.

In addition, the client emphasized that there was no criminal record of any kind before the incident occurred, and that the likelihood of reoffending was therefore also low.

Although the client had been sentenced to imprisonment at the trial of first instance, with the prompt assistance of the Yongsan sex crime attorney, the client was able to obtain a suspended sentence on appeal and succeed in reducing the sentence.

In sex-related crime charges, there is a possibility of punishment based on the victim's statement alone, and even a first-time offender may receive a fairly heavy punishment.

In particular, when the charge involves a sex offense committed against a minor, the process of responding to the investigation is even more difficult, and there is a high likelihood of receiving a heavy punishment.

At Daeryun Law Firm, sex crime attorneys who have actually sought sentencing and rendered judgments in sex offense punishment cases present responses tailored to the client.

If you are facing difficulty in a situation similar to the above example, please feel free to entrust your case to the Yongsan sex crime attorney at any time.