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Enticement of a Minor Case – On-Site Arrest but Detention Warrant Rejected at Prosecutorial Stage

Enticement of a Minor Case – On-Site Arrest but Detention Warrant Rejected at Prosecutorial Stage

Client Information
Individual / Defendant
 
Case Details

The client, an active police officer, used a location-based chat application late at night out of curiosity. He communicated with individuals who identified themselves as 20-year-old women. After arranging a meeting, he engaged in sexual activity inside his vehicle and was immediately arrested in flagrante delicto by undercover officers.

The investigation later revealed that the individuals were, in fact, minors. The client was consequently investigated for the offense of Purchasing Sexual Acts from a Minor under the Act on the Protection of Children and Juveniles. Considering the seriousness of the allegation and the client’s occupation as a police officer, the authorities were actively considering seeking a detention warrant.

A conviction would not only result in criminal penalties but also trigger automatic dismissal under the National Public Officials Act. To assert his innocence and protect his career, the client sought the assistance of Decent Law Firm’s sex-crime defense team.

Decent's Strategy
1. Establishing the Impossibility of Recognizing Minority Status

- Chat Profile Evidence:
Counsel submitted evidence showing that the individuals had set their ages as 20 within the application at the time the chatroom was created.

- Environmental Factors:
The incident occurred after 11 p.m. in late November. Due to low temperatures, the individuals were wearing heavy clothing, making it difficult to estimate their age based solely on appearance.

- Short Duration of Interaction:
The interval between first meeting and arrest was extremely brief, leaving the client no reasonable opportunity to verify their actual age.


2. Refuting the Need for Detention (No Risk of Flight or Evidence Destruction)

- Professional Stability and Good Standing:
Evidence was submitted showing the client’s record as an officer, including commendations and awards for diligent service.

- Strong Social Ties:
Numerous letters from family members, colleagues, and friends attested to the client’s good character and low risk of reoffending.

- Cooperation with Investigation:
The client voluntarily surrendered his mobile phone immediately upon arrest and fully cooperated with investigators, admitting to general prostitution (not involving minors) and expressing remorse.


3. Legal Argument for Reclassification of the Offense

Based on the above evidence, Decent Law Firm argued that this case should be treated as general prostitution—not the statutory offense of purchasing sex from a minor. This argument was critical not only for the criminal investigation but also for mitigating potential disciplinary consequences, such as dismissal or removal from office.
Outcome
"Detention Warrant Rejected"

Although the police intended to apply for a detention warrant based on the severity of the allegations, the prosecutor—after reviewing Decent’s submissions and legal arguments—declined to request a warrant from the court.

As a result, the client was released from the holding facility and allowed to defend himself without physical detention, a crucial advantage for preparing both the criminal and forthcoming disciplinary proceedings.

Decent Law Firm successfully secured the most critical early-stage result in defending against allegations of purchasing sexual acts from a minor.
#minor enticement defense # sex crime lawyer Korea # detention warrant dismissal # undercover arrest case # juvenile protection law defense

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