1. Case Overview
The client was booked on suspicion of purchasing the sex of a juvenile by engaging in prostitution with a 15-year-old minor whom he had met through a chat app, inside his vehicle, and paying KRW 300,000 in cash In May 2024. The client consistently asserted that he had met the woman through a chat app restricted to adults only, that she had represented herself as being 20 years old, and that once he realized she was underage, they parted ways without engaging in any sexual act. However, the police referred the case to the prosecution with a recommendation for indictment, relying on the juvenile's statement that prostitution had indeed occurred.
2. Key Issues and Challenges
Under the Act on the Protection of Children and Juveniles from Sexual Abuse, purchasing the sex of a minor under the age of 16 is a serious crime, punishable even at the attempt stage, and in principle is subject to formal indictment under the sentencing guidelines. Given that the minor in question was 15 years old, the client was at risk of indictment and even facing a custodial sentence.
Although the client strongly maintained his innocence, the likelihood of indictment was high, making it critical at the prosecutorial stage to establish the credibility of the client’s statements while undermining the reliability of the juvenile's testimony.
3. Our Arguments and Role
We conducted a field investigation, carefully examining the temporal and spatial circumstances of the incident as well as the client's movements, and secured additional evidence supporting the credibility of the client's account.
We presented various forms of evidence showing that the client had not recognized that the woman was a minor and emphasized the consistency of the client’s statements. Regarding the allegation of sexual intercourse, we highlighted the absence of evidence that should have existed had sexual acts taken place and presented credible explanations consistent with the client’s assertion that no sexual activity had occurred.
In addition, while the client did not admit to the alleged offense, we arranged for an agreement with the juvenile, submitting a letter of non-punishment to the prosecution as an expression of remorse for the situation having developed into what appeared to be an attempted juvenile prostitution case. We then actively argued to the investigative authorities that the client’s statements were credible whereas the juvenile's statements were not.
When the juvenile side submitted a letter of non-punishment despite the client denying the alleged offense, the prosecution closely re-examined the juvenile’s statements. Upon review, the prosecution identified inconsistencies in the juvenile's testimony and confirmed that the actions typical of prostitution with other men had not occurred in the meeting with the client. Consequently, the prosecution rendered a disposition of non-suspicion (no charges) due to insufficient evidence.
4. Significance
While other men involved with the same juvenile had been indicted for violating the Act on the Protection of Children and Juveniles from Sexual Abuse (purchase of sex, etc.), the client, by choosing us with outstanding capabilities in criminal defense, was able to avoid the grave consequences of being unjustly prosecuted, receiving a heavy sentence, or having his personal information disclosed publicly.