The Only Way to Avoid Detention Despite a Charge of Sex Trafficking with a Minor and Prevent Execution of Sentence

If you are reading this article, you may be someone facing a police investigation on suspicion of 'sex trafficking involving a minor.'

Sex trafficking conducted through online chat apps has become a serious social problem, and runaway teenagers are being drawn in as victims of related crimes, which are escalating into secondary and tertiary offenses.

Buying or selling sex is unquestionably subject to criminal punishment, and in particular, if the offense involves a 'minor,' it is treated as a serious matter carrying a heavy sentence under the Act on the Protection of Children and Youth against Sex Offenses.

Therefore, if you have been reported for this offense and face the risk of punishment, you must establish and carry out an early-stage strategy to avoid a prison sentence and becoming a registered sex offender.

To prepare for the initial investigation, it is advantageous to receive assistance from a professional who understands the stages of a police investigation well, in order to organize your position and proceed with the response process.

At LAWFIRM LEAP, because attorneys with experience at major law firms and the police handle each case, we understand the police's perspective better than anyone else and can present the best strategy for effectively explaining your case during the investigation stage.

Please take just three minutes now to learn how to prevent detention despite a charge of sex trafficking with a minor, and consider seeking remedies together with a criminal defense attorney such as those at LEAP.

01Why Is It Difficult to Prevent Detention in Cases of Sex Trafficking with a Minor?

Under the Act on the Protection of Children and Youth against Sex Offenses, purchasing sex from a child or youth, i.e., a 'minor,' is punishable by imprisonment of one to ten years or a fine of between 20 million and 50 million won.

Therefore, a person who has engaged in sex trafficking with a minor may receive a prison sentence of up to ten years, and must seek ways to legally reduce that liability.

In addition, a person who has solicited another to engage in sex trafficking is also subject to a high level of criminal punishment, including imprisonment of up to three years or a fine of up to 30 million won.

Act on the Protection of Children and Youth against Sex Offenses, Article 13 (Acts of Purchasing Sex from Children and Youth, etc.) (1) A person who purchases sex from a child or youth shall be punished by imprisonment for not less than one year and not more than ten years, or by a fine of not less than 20 million won and not more than 50 million won. (2) A person who induces a child or youth, or solicits them to sell sex, in order to purchase sex from them, shall be punished by imprisonment for not more than three years or a fine of not more than 30 million won.

Since sex offenses against children and youth are governed by a special statute, it is more difficult to reduce the sentence than in cases involving adult victims.

This is because the harm suffered by a 'minor' involved in a sex offense is considered more serious than that suffered by an adult.

Additionally, the mere fact that the offense was committed against a socially vulnerable person is regarded as an aggravating factor, which makes it realistically difficult to obtain leniency under the applicable legal standards.

In particular, in many such cases the suspect was arrested at the scene or the police already have evidence of the sex trafficking.

Therefore, it is also difficult to argue insufficient evidence.

In such a situation, you should acknowledge the offense and demonstrate full cooperation with the investigative authorities.

When undergoing a police investigation, it is advisable to review the complaint or evidence in advance with an experienced attorney to identify any aspects of your conduct that can be explained.

While acknowledging the offense in your initial statement, you should explain that the act was impulsive or driven by curiosity, and find evidence showing that you were unaware that the victim was a minor.

Doing so increases the likelihood of reducing legal liability and avoiding detention.

02How to Defend Against a Criminal Record in a Case of Sex Trafficking with a Minor

Because the victim is a minor, the statutory penalty for sex trafficking itself is high, and the matter is governed by a special statute, so it should be assumed that suspects rarely receive a Suspended Indictment.

The situation becomes even more serious if the defendant knowingly sought out the minor, engaged in sexual intercourse, and provided money despite knowing their age.

Demanding a meeting by offering monetary compensation while knowing the other party was under 19 can be found to show intent and habituality, which inevitably leads to a higher level of punishment.

In such circumstances, therefore, it is important to actively cooperate with the police investigation and to approach it with a sincere attitude of remorse.

Given the severity of the potential punishment, one should not give up merely because there is suspicion; since the case may result in protective measures for sex offenders or a criminal record that could leave a lasting mark on one's life, remedial measures must be actively pursued.

In order to obtain leniency, it is important to reach a settlement with the victim's side promptly.

However, due to the nature of a sex offense case such as sex trafficking, the minor's parents may harbor strong negative feelings, making it less likely that they will readily grant leniency.

Therefore, rather than meeting the victim's side directly, it is advisable to explain, through legal counsel, why a settlement is necessary, and to negotiate a reasonable amount of compensation to reach an agreement.

If you have no prior record of sex offenses but face a severe punishment in this case, it can help to actively submit an expert opinion and a summary of the defense arguments, as well as a letter of repentance or petitions from acquaintances, in order to secure a Suspended Sentence or otherwise avoid detention.

Accordingly, we recommend working with an experienced criminal defense attorney who can help you prepare the necessary evidence and respond strategically, so as to obtain a favorable outcome before the trial concludes.

Sincere dedication to the client, and viewing the case from the perspective of the police.

The attorneys at LAWFIRM LEAP have handled a wide range of sex offense cases while working at Kim & Chang and Bae, Kim & Lee, two of Korea's largest law firms.

Having also served as police officers, they have an in-depth understanding of how police investigations are conducted—a crucial part of the early stages of a case.

Therefore, if you work with LAWFIRM LEAP, we will directly support you from the beginning to the end of your case, drawing on our experience at major law firms and in the police.

Even in serious cases, we ensure thorough handling of the initial response and guide you toward the best possible method of avoiding detention.

We deeply understand your situation and the urgency of your concerns, and we promise to do our utmost by mobilizing all of our knowledge and experience to help you.

If today's discussion has not fully addressed your concerns, please feel free to contact us at LEAP at any time.

We will serve as your reliable legal advocate through a strategy tailored to your specific situation.

Thank you for reading this lengthy article to the end.