1. Overview of the Case and Key Issues
In or around 2025, the client met the victim, who was a minor at the time, through a random chat application and engaged in sexual intercourse with the victim inside a vehicle. As a result, the client was booked by the police on charges of violating the Act on the Protection of Children and Juveniles Against Sexual Abuse (purchase of sex, etc.).
The core issue in this case was whether the client recognized that the victim was a child or juvenile under the 온라인 바카라 of 19—that is, whether criminal intent with respect to the offense could be established.
2. Our Arguments and RoleIf a defendant is found guilty under the Act on the Protection of Children and Juveniles Against Sexual Abuse (purchase of sex, etc.), the prosecution will bring a formal trial indictment requiring the defendant's appearance in court, and a severe sentence—typically imprisonment—is usually imposed after trial. In addition, mandatory ancillary measures highly detrimental to social life, such as registration and disclosure of personal information and employment restrictions, are imposed at sentencing. Accordingly, in prostitution cases, a critical and primary defense strategy is to seek reclassification of the applicable 온라인 바카라 and charge from the Act on the Protection of Children and Juveniles Against Sexual Abuse (purchase of sex, etc.) to the Act on Special Cases Concerning the Punishment of Sexual Crimes (prostitution), which applies to prostitution between adults.
From the police investigation stage, we acknowledged that the client met the victim for the purpose of purchasing sex and engaged in sexual intercourse, but provided detailed explanations showing that it was difficult to conclude that the client had definite or even conditional awareness that the victim was a child or juvenile under the age of 19, in light of: (i) the ages displayed for users on the random chat application; (ii) the age stated on the victim's profile; (iii) the content of conversations exchanged with the victim via chat and in person; (iv) the time and place of the actual meeting; and (v) the victim's appearance and attire at the time of the meeting.
In addition, even after the case was referred to the prosecution, our attorneys personally visited the prosecutor's office to present arguments to the same effect and actively requested a change in the applicable 온라인 바카라 and charge.
3. OutcomeAccepting our arguments, the prosecution reclassified the charge applied to the client from violation of the Act on the Protection of Children and Juveniles Against Sexual Abuse (purchase of sex, etc.) to violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (prostitution).
As a result, the prosecution issued a summary indictment seeking a fine of KRW 1,000,000 against the client. By avoiding application of the 온라인 바카라 governing crimes against children and juveniles, which carries severe penalties, the client (i) did not receive a sentence of imprisonment, (ii) was not required to appear in court, and (iii) was not subjected to ancillary measures such as registration and disclosure of personal information or employment restrictions.
4. SignificanceIn June 2024, the Act on the Protection of Children and Juveniles Against Sexual Abuse was amended to change the definition of "children and juveniles" from "persons under the 온라인 바카라 of 19 (excluding those who have reached January 1 of the year in which they turn 19)" to simply "persons under the 온라인 바카라 of 19," thereby substantially expanding the scope of protected persons and punishable conduct.
Against this legislative backdrop, this case is significant in that it clearly demonstrates that even where a matter formally involves a child or juvenile, if criminal intent can be negated through concrete and thorough argumentation regarding whether the suspect recognized the victim's 온라인 바카라, the Act on Special Cases Concerning the Punishment of Sexual Crimes, rather than the Act on the Protection of Children and Juveniles Against Sexual Abuse, may be applied, leading to a more lenient punishment.
