Gwangju Law Firm Assistance | Client Charged with Violation of the Act on the Protection of Children and Youth against Sexual Abuse Receives Suspended Sentence with Appellate Assistance

The client was a teacher who conducted an after-school club program at a high school.

While conducting the club program, the client committed indecent acts against the victim, a student, on several occasions.

This led to litigation on charges of indecent act by compulsion against a child or youth, together with aggravated punishment as a worker at a child welfare facility.

The client went through the original trial but received an actual custodial sentence.

The client then requested the assistance of a Gwangju attorney to obtain a reduction of sentence through an appeal.

The attorney explained the statutes concerning the 🔗Act on the Protection of Children and Youth against Sexual Abuse.

※ Act on the Protection of Children and Youth against Sexual Abuse, Article 7 (Rape, Indecent Act by Compulsion, and Others against Children or Youth)

③ A person who commits the offense under Article 298 of the Criminal Act against a child or youth shall be punished by imprisonment for a definite term of at least two years or by a fine of not less than 10 million won and not more than 30 million won.

※ Criminal Act Article 298 (Indecent Act by Compulsion)

A person who commits an indecent act against another by means of violence or intimidation shall be punished by imprisonment for not more than 10 years or by a fine of not more than 15 million won.

Because a worker at a child welfare facility is a mandatory reporter of child abuse, where such a worker commits a child abuse offense against a child under their protection, the sentence is aggravated by up to one half of the prescribed penalty.

■ Security Measures for Violation of the Act on the Protection of Children and Youth against Sexual Abuse
A violation of the Act on the Protection of Children and Youth against Sexual Abuse, when it results in an actual custodial sentence, also entails sex-offense security measures.
1. Registration of personal information
2. Disclosure and notification of personal information
3. Restriction on employment at institutions related to children and youth
4. Order to wear an electronic anklet
5. Order to attend sex education, among others

*Because the level of punishment varies according to individual circumstances, if you would like a detailed review of your situation, you may apply for a 🔗legal consultation with an attorney.

Following the incident, the client came to recognize the importance of gender sensitivity and felt deep regret.

The Gwangju attorney argued that the client had resolved to abide by the law and live honestly going forward.

The client wrote a letter of apology to the victim and delivered it through the Gwangju attorney.

The Gwangju attorney argued that the client had made efforts toward the victim's recovery by making a criminal deposit.

The Gwangju attorney noted that the client had aspired to become a teacher from a young age and, accordingly, had made efforts to build rapport with the students.

On this basis, the client emphasized that they had never treated the students for any sexual purpose.

The client committed an indecent act by compulsion against a student under their instruction and received an actual custodial sentence at the original trial.

With the assistance of a Gwangju attorney, the client was able to obtain a reduced sentence to a suspended sentence in the appeal.

In the client's case, where a teacher commits an indecent act against a student, the teacher faces a violation of the Act on the Protection of Children and Youth against Sexual Abuse together with aggravated punishment as a mandatory reporter, so even a first-time offender has a high likelihood of receiving an actual custodial sentence.

The Gwangju attorney collaborates with the professionals at Daeryun to provide prompt solutions.

If you are in a situation such as the one above, you may contact a 🔗Gwangju attorney at any time.