디센트 법률사무소 | 가상자산전문변호사 / 24시변호사 / 형사전문변호사

Conditional Deferred Prosecution in a Sexual Exploitation Communication Case under Korea’s Youth Protection Law

Client Information: Individual / Suspect

Case Details: The client was a career service member in his early twenties with no prior criminal record or history of police investigation.

After posting a message on social media suggesting an in-person encounter, the client exchanged direct messages with a person who contacted him. Believing the other person to be a minor, the client discussed sexual conduct and compensation and later travelled to the agreed meeting location.

The person, however, was not an actual child or adolescent but an undercover law enforcement officer. The client was apprehended at the scene and investigated for violating the Act on the Protection of Children and Youth Against Sexual Abuse, specifically for communication for sexual exploitation purposes.

Because a criminal conviction could have had a serious impact on the client’s military career and future plans, the client retained Decent Law Firm for legal representation.

디센트 전략: Given that the message history and circumstances of the planned meeting had already been secured as evidence, Decent Law Firm determined that it would be difficult to contest the charge in its entirety. We therefore focused on reducing the risk of prosecution and minimizing the potential consequences from the earliest stage of the investigation.

1. Police Interview Preparation and Statement Strategy

We advised the client to acknowledge the facts that were objectively supported by the evidence while clearly distinguishing certain messages that had not been written by him.

We also ensured that the circumstances leading to the conduct, the client’s cooperation, and his remorse were accurately reflected during the police interview.

2. Demonstrating the Absence of an Actual Minor Victim or Further Offense

We emphasized that the other party was an undercover officer rather than an actual child or adolescent.

We also explained that the case did not progress to sexual contact, the production of sexual material, or any other additional offense, and presented these circumstances as relevant mitigating factors.

3. Submitting Evidence of Remorse and Low Risk of Reoffending

Decent Law Firm prepared and submitted supporting materials, including:

• Handwritten letters of remorse
• A detailed reoffending-prevention plan
• Character references from supervisors and acquaintances
• Employment and commendation records
• Materials demonstrating the client’s previously law-abiding conduct

These materials showed that the client was a first-time offender, had cooperated with the investigation, and was taking concrete steps to prevent any recurrence.

4. Additional Written Submission After Referral to the Prosecutor

After the police referred the case to the prosecution, we submitted an additional legal opinion.

The submission addressed the client’s continued remorse, the potential impact of a conviction on his military career and future, and his capacity for rehabilitation through education rather than criminal punishment.

결과: "Conditional Deferred Prosecution"

After reviewing the case file, Decent Law Firm’s legal submissions, and the supporting mitigation materials, the prosecution issued a conditional deferred prosecution disposition subject to the completion of an educational program.

Although the case had been referred to the prosecution with the alleged offense recognized, the client avoided a criminal trial and a conviction. The matter was concluded upon completion of the required educational program, allowing the client to avoid the potentially serious consequences that a criminal judgment could have had on his career and future.

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