[Assistance by a Cheonan Sex Crime Attorney] Cheonan Sexual Assault Attorney: Non-Referral of a Juvenile Sex Crime

The client who sought assistance from a Cheonan sexual assault attorney was a minor and a high school student.

The client and a female student with whom he was usually close developed a mutual romantic interest and exchanged messages.

During this process, sexual conversations took place, and the client also reportedly requested sexual relations.

Based on this matter, he received a Disposition No. 6 from the school violence committee, and the case appeared to be closed. The case resurfaced, however, when he was reported to the police for a sexual offense.

The disposition from the school violence committee was severe, and as recent punishment for school violence offenders has been strengthened, the client found himself in an unfavorable situation.

Out of concern that this could later create problems for his university admission, the client sought assistance from a Cheonan sexual offense attorney at Daeryun Law Firm in order to defend against punishment.

Obscenity via telecommunication media

■ 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 her own or another person's sexual desire, causes any words, sounds, writings, pictures, images, or other objects that cause sexual humiliation or aversion to reach the other party through the telephone, mail, a computer, or any other telecommunication medium shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 20 million won.

■ Disposition of a Juvenile Offender (Ages 14 to Under 19)

Juvenile offender: A juvenile aged 14 or older but under 19 who has committed an offense in violation of the penal laws

Disposition: Both a protective disposition and a criminal disposition are possible

Record: No criminal record if a protective disposition is imposed; a criminal record if a criminal disposition is imposed

■ Decision on a Protective Disposition

1. Entrustment to the care of a guardian or a person who can protect the juvenile in place of a guardian

2. Order to attend a course

3. Community service order

4. Short-term probation by a probation officer

5. Long-term probation by a probation officer

6. Entrustment to the care of a child welfare facility under the Child Welfare Act or another juvenile protection facility

7. Commitment to a hospital, a sanatorium, or a medical rehabilitation juvenile reformatory under the Act on the Treatment of Protected Juveniles

8. Referral to a juvenile reformatory for not more than one month

9. Short-term referral to a juvenile reformatory

10. Long-term referral to a juvenile reformatory

The Cheonan sexual assault attorney submitted the conversation between the victim and the suspect.

Through this, the attorney argued that the victim had consented to engaging in the sexual conversation and had never expressed any refusal regarding it.

The victim argued that she had been unable to respond because she was afraid of the suspect's conduct.

In light of the circumstances, however, including that the victim had actively participated in the sexual conversation and had directed profanity at the suspect, the attorney argued that the victim's statement contained contradictions.

The crime of obscenity via telecommunication media is not subject to punishment if there is consent or acquiescence from the other party, even when something causing sexual humiliation or aversion reaches that party.

The attorney argued that the victim in this case had first initiated the sexual conversation and had thereby explicitly consented to the sexual conversation, so the suspect's crime was not established.

The case above involved a client who was a minor and was reported to the police on a charge of obscenity via telecommunication media.

Because the Cheonan sexual assault attorney demonstrated that the crime was not established, the client was able to conclude the case with a non-referral decision.

Even for a minor, if a juvenile commits a serious offense such as a sexual crime, a criminal disposition may be imposed and a criminal record may remain.

For this reason, defending against this with the assistance of a Cheonan sexual assault attorney can be necessary.

Daeryun Law Firm provides active assistance to clients through attorneys who have handled numerous sexual offense cases and who accompany clients in person from the police investigation stage.

If you need to defend against punishment in a situation similar to the case above, you may request assistance from a Cheonan sexual offense attorney at Daeryun Law Firm.