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Charges Dropped — Violations of Korea's Child and Youth Protection Act and Special Act on Punishment of Sexual Violence Crimes

Charges Dropped — Violations of Korea's Child and Youth Protection Act and Special Act on Punishment of Sexual Violence Crimes

Client Information
Individual / Suspect
 
Case Details

Decent Law Firm represented a client who had been arrested on charges of violating Korea's Act on the Protection of Children and Youth from Sexual Abuse (hereinafter "CYPA") and the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes (hereinafter "SCPSVC"). Through aggressive defense representation at the investigation stage, our team secured a no-charge decision (suspicion unfounded) on all counts.

The charges brought against the client were: ① rape under the CYPA, ② production of child sexual exploitation material under the CYPA, and ③ illegal filming using a camera under the SCPSVC — all of which carry severe criminal penalties upon conviction in South Korea.

The client had met the complainant through social media. Following the encounter, the client was reported to police and arrested on the same day the alleged incident occurred. The client was subsequently released after the prosecution declined to seek a detention warrant, but the serious charges remained pending.

The client maintained throughout that all conduct had taken place with the other party's full and voluntary consent. Decent Law Firm was retained from the very beginning of the investigation and moved immediately to mount an active defense.

Decent's Strategy
1. Evidence Analysis and Organization

Decent conducted a thorough review of the seized video footage, including the content itself, camera angles, and the behavior of both parties before and after the incident.

Through this analysis, the team identified and systematically organized the direct and circumstantial evidence supporting the absence of coercion, building a coherent evidentiary framework that aligned with the client's account.


2. Submission of Defense Briefs Tailored to Each Charge

Detailed defense briefs addressing each charge separately were prepared and submitted to the investigating authorities.

In particular, with respect to the charge of producing child sexual exploitation material, the brief drew on established Supreme Court of Korea precedent to demonstrate that the elements of the offense were simply not met — taking into account the complainant's age and cognitive capacity, the circumstances of the filming, the presence of consent, and the purpose for which the footage was made.


3. Full-Process Defense Support Throughout the Investigation

Decent provided comprehensive support to ensure the client maintained a consistent and detailed account throughout all stages of the investigation.

Critically, defense counsel was retained and engaged from the moment of arrest — a factor that proved to be a decisive turning point in the outcome of this case.
Outcome
"No-Charge Decision (Suspicion Unfounded) on All Counts"

The investigating authorities issued a no-charge decision on every count brought against the client.

The rape charge under the CYPA was dismissed on the basis that the evidence was insufficient to establish coercion and that the client's account was specific and internally consistent.

The charges of producing child sexual exploitation material under the CYPA and illegal filming under the SCPSVC were similarly dismissed, with authorities concluding that the conduct in question had occurred with the other party's consent and therefore did not meet the elements of the offenses.

Sexual offense allegations in South Korea move fast. From the moment a complaint is filed, the investigation accelerates — and anything said without the guidance of defense counsel can become part of the record against you.

If you are facing allegations under Korean sexual violence law, do not wait.

Decent Law Firm knows Korean criminal law. Contact us today.
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