Call
Book a Visit
Blog
YouTubeATTORNEY
PRACTICE AREASLaw Firm Yulmaru
In a Busan sex crime case, the first statement changes the outcome
In sex crime cases the parties' statements are often the main evidence, so what you say at the first questioning sets the direction of the case. A final conviction can bring sex offender registration and employment restriction in addition to the sentence, so the charge and disposition must be weighed together.
In sex crimes, early action matters more than in any other case
Sex crimes are often reported over something that happened when only two people were present, so there are few witnesses or physical evidence. That is why the consistency of statements, and even one small piece of material, can change the result.
Even a case that ends with a fine can bring sex offender registration and employment restriction, so the charge must be examined first. Park Sang Jun and Moon Ji Yeong, who hold a Criminal Law specialization registered with the Korean Bar Association, handle each case themselves.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Consultation
We confirm the charge and which stage you are in
Preserving evidence
We keep messages and movement records in their original form
Police questioning
We set the direction of your statement and attend the questioning with you
Disposition response
We submit a written opinion and settlement and sentencing materials
Statutory penalties by charge
| Charge | Statutory penalty |
|---|---|
| Rape | Imprisonment for a fixed term of at least 3 years |
| Indecent assault | Up to 10 years' imprisonment or a fine of up to KRW 15 million |
| Indecent act in a crowded public place | Up to 3 years' imprisonment or a fine of up to KRW 30 million |
| Obscene act through communication media | Up to 2 years' imprisonment or a fine of up to KRW 20 million |
| Illegal filming, distribution of footage | Up to 7 years' imprisonment or a fine of up to KRW 50 million |
| Possessing, buying, storing or viewing illegal footage | Up to 3 years' imprisonment or a fine of up to KRW 30 million |
Basis: Criminal Act, Articles 297 and 298; Act on Special Cases concerning the Punishment of Sexual Crimes, Articles 11, 13 and 14
Sex Crimes Frequently Asked Questions
QI was falsely reported for sexual harassment. What should I prepare with a Busan sex crime lawyer before questioning?
A
The first step is to arrange, in time order, materials that can be checked objectively, such as your movements that day, call and message records and who was with you. Separate what you remember from what you do not, and apply for defense counsel to attend the questioning with you (Criminal Procedure Act, Article 243-2). Whether to admit or contest should be decided after this is done, and we do not advise admitting anything that is not true.
QThe police want me to take a polygraph test. Do I have to? If the result is bad, will I be detained?
A
The test cannot be done without your consent, and whether to agree should be decided with defense counsel as part of your statement strategy. Detention is ordered by a judge through a warrant when there is no fixed residence or a risk of destroying evidence or fleeing (Criminal Procedure Act, Articles 70 and 201), so a test result alone does not lead to detention. The court also requires proof beyond a reasonable doubt and does not find the facts of a crime from a test result alone (Article 307(2)).
QThe offender's side keeps contacting me about a settlement and asking me to write a petition for leniency. Should I respond?
A
You have no duty to respond, and whether and when to respond is the victim's decision. If direct contact is a burden, you can have a court-appointed victim's lawyer or a Busan sex crime lawyer convey your position (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 27). Once submitted, a statement of no wish to punish cannot be withdrawn and you cannot file the complaint again (Criminal Procedure Act, Article 232), so it is safer to sign only after confirming the settlement payment.
QI am the victim. Do I have to testify in court? Is there a way to avoid facing the offender?
A
If you are summoned as a witness you must appear, but there are protective procedures. The victim and family can request that the witness examination be closed to the public (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 31), and depending on the type of crime can request that a trusted person sit with you (Article 34; Criminal Procedure Act, Article 163-2) and that you be examined outside the courtroom by video or other relay equipment (Article 40). The victim's lawyer can attend trial hearings and state opinions (Article 27(3)).
QI received a fine at first instance. If I appeal, when does sex offender registration begin?
A
After the judgment becomes final. Registration applies to a person whose conviction or summary order has become final (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 42(1)), so the registration process does not start while an appeal is pending. Once the judgment is final, you must submit basic personal information such as your name, address, workplace and contact details to the police station with jurisdiction over your address within 30 days (Article 43(1)), and resubmit within 20 days whenever there is a change (Article 43(3) of the same Act).
QWhere and by when must I complete a sexual violence treatment program order?
A
A program order imposed with a fine or a suspended sentence is carried out by the probation office (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 16(6)). For a fine or summary order it is carried out within 6 months of the sentence becoming final, and for a suspended sentence within the suspension period (Article 16(5) of the same Act), and the court adds the program order of up to 500 hours when it convicts (Article 16(2) of the same Act). The probation office sends the schedule, so tell them right away if your address or contact details change.
TOP