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Violation of the Act on the Protection of Children and Youth against Sexual Abuse (purchase of sex, etc.)
Violation of the Act on the Protection of Children and Youth against Sexual Abuse (purchase of sex, etc.)Suspended sentence

Case Defending Against Punishment for Purchase of Sex | Suspended Sentence for a Client Suspected of Purchasing Sex

The client who requested a defense against punishment for the purchase of sex had been reported on suspicion of purchasing sex from a minor, and, seeking to defend against punishment, sought out a sex crimes attorney who had handled numerous cases involving the purchase of sex.

1. The Client Who Requested a Defense Against Punishment for the Purchase of Sex

The client, who faced the risk of punishment for the purchase of sex, was involved in the case after purchasing sex while aware that the victim was a minor; however, with the systematic assistance of a sex crimes attorney, the client received a suspended sentence and was granted leniency with respect to the punishment for the purchase of sex.

The Client Suspected of Purchasing Sex

The client proposed sexual relations to A, a minor, through a chat application.

The client then actually met A and engaged in sexual relations, and paid a certain sum of money in return.

In the course of this, the client became involved in a sex crime case on suspicion of purchasing sex, and, concerned about the social stigma that would result if an actual (custodial) sentence were imposed, requested that a sex crimes attorney defend against the punishment for the purchase of sex.

Details of the method of responding to a punishment for purchase of sex case

2. Preparing a Response Strategy to Punishment for Purchase of Sex

Details of the strategy prepared in response to punishment for purchase of sex

In order for the client facing punishment for the purchase of sex to receive a suspended sentence in this case, the attorney promptly identified the issues in the case.

The main issues in this case were as follows.

▷ Whether the client's remorse and intention to prevent reoffending could be sufficiently recognized by the court

▷ Whether a settlement with the victim and the victim's family could be reflected in sentencing

Guidance on Drafting the Letter of Apology

The client was deeply ashamed of having purchased sex from a minor and was sincerely reflecting on his wrongdoing.

The sex crimes attorney personally guided the process of drafting a letter of apology so that the client could convey his remorse to the court persuasively.

Specifically, the attorney reviewed the sentence structure and manner of expression in the letter of apology together with the client, and arranged for it to include not a mere apology but an acknowledgment of responsibility and a plan of conduct to prevent recurrence.

Through this, the attorney helped the client complete a letter of apology that could serve as key evidence clearly demonstrating the client's sincerity to the court.

Recidivism Prevention Education and Submission of Evidentiary Materials

The sex crimes attorney advised the client to diligently complete sex crime recidivism prevention education and compliance education.

After the educational programs, the attorney guided the client to use the reflection statement he had written and the certificates of completion as evidentiary materials to be submitted to the court.

In addition, when preparing the reflection statement, the attorney revised the wording so as to emphasize not the mere fact of participation but a sufficient understanding of the content of the education and a responsible attitude, and submitted it.

Coordinating the Settlement with the Victim and the Victim's Family

The sex crimes attorney provided specific assistance with the settlement process with the victim and the victim's family so that the client could obtain the greatest possible leniency in the case.

When contacting the victim's side, the attorney arranged for the client's apology and remorse to be conveyed appropriately, and guided the process of drafting the settlement agreement and the statement of no desire for punishment so that the victim's family could express their wish for no punishment and for leniency.

In addition, the attorney prepared the settlement agreement and the statement of no desire for punishment for submission to the court, and confirmed the form and content of all evidentiary materials submitted to the court to secure their legal effect.

3. Result of the Punishment for Purchase of Sex Case: 'Suspended Sentence'

Result of the punishment for purchase of sex case, a suspended sentence

The court, having comprehensively considered the letter of apology, the certificate of completion of recidivism prevention education, and the settlement agreement submitted by the sex crimes attorney, imposed a suspended sentence on the client.

The client expressed his gratitude, saying, "Thanks to my attorney, I was able to receive leniency with respect to the punishment for the purchase of sex."

Sex Crimes Attorney FAQ

Q. If I admit to all of the offenses, can the punishment for the purchase of sex be reduced?

A. Admitting to the offense is an important factor in showing the court an acknowledgment of responsibility and an attitude of remorse. However, mere admission alone is not sufficient.

Only when concrete conduct, such as drafting a sincere letter of apology, completing recidivism prevention education, and reaching a settlement with the victim and the victim's family, is also proven will the court reflect this in sentencing, and this can increase the possibility of a suspended sentence or leniency.

Q. I have a question regarding the punishment for the purchase of sex. If I am booked on suspicion of purchasing sex, will I necessarily receive an actual (custodial) sentence?

A. Being booked on suspicion of purchasing sex does not necessarily mean that an actual (custodial) sentence will be imposed.

Various sentencing factors are comprehensively considered, such as the specific circumstances of the offense, whether the victim is a minor, the degree to which the offense is admitted, the attitude of remorse, and whether a settlement has been reached with the victim.

4. Severity of Punishment for the Purchase of Sex

The client was facing punishment for purchasing sex from a child or youth (purchase of sex) and for statutory rape of a minor.

Such conduct is subject to the following punishment under the Act on the Protection of Children and Youth against Sexual Abuse.

A sexual offense such as the purchase of sex does not end with criminal punishment. It may lead to long-term disadvantages, including restrictions on employment at institutions related to children and youth and the loss of social trust, so a prompt and professional response is necessary.

Article 13(1) of the Act on the Protection of Children and Youth against Sexual Abuse

Imprisonment with labor for not less than 1 year and not more than 10 years, or a fine of not less than 20 million won and not more than 50 million won

If You Need a Response?

Daeryun LLC has many attorneys with extensive expertise in sexual offense cases such as the purchase of sex.

Accordingly, we establish a systematic and tailored defense strategy, from analysis of the circumstances of the client's case to the collection of evidence, guidance on preparing a written statement of reflection, support for completing recidivism prevention education, and the settlement process with the victim and the victim's family.

If, like the client above, you are facing the risk of punishment for the purchase of sex, please request assistance at any time by scheduling a legal consultation with Daeryun LLC.

성매수처벌

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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