Court Sentences Man in His 30s to 5 Years in Prison for Sexual Relations with Minors and Arranging Conditional Meetings
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] A man in his 30s who had sexual relations with a teenage minor he met through a smartphone chat app and coerced her into transactional sex to make money was sentenced to prison.
The Criminal Division 1 of the Western Branch of Busan District Court (Chief Judge Lee Jin-hyuk) announced on the 24th that it sentenced Mr. A, a man in his 30s indicted on charges including statutory rape of a minor, to five years in prison. The court also ordered Mr. A to complete 40 hours of a sexual violence treatment program and imposed a seven-year employment restriction at child-related institutions.
The court stated, "He exploited the fact that the minor had diminished discernment to use the victim both as a sexual object and a means to make money," adding, "This causes serious harm to the sound development of minors whose sexual values have not yet been established."
It further added, "Considering that the defendant has not yet been forgiven by the victim and her family, who strongly petition for severe punishment."
Mr. A is accused of deceiving a teenage female, Ms. B, whom he met through a chat app last April by pretending to be a police officer to gain her favor, then engaging in sexual intercourse three times and multiple acts of similar sexual conduct.
Later, citing overdue credit card payments, Mr. A coerced Ms. B to engage in transactional sex through the chat app, and when the app account used for arranging such meetings was suspended, he directly found clients for sex purchase and introduced them to Ms. B.
Under Article 297 of the Criminal Act, rape is established when a minor is sexually assaulted through violence or threats. Even if sexual relations occur with the minor’s consent without violence or threats, if the other party is under 16 years old, the offender is punished under Article 305 of the Criminal Act with the same statutory penalty as rape (imprisonment for three years or more).
Article 305(1) of the Criminal Act (Sexual Intercourse or Indecent Acts with a Minor) states, "A person who commits sexual intercourse or indecent acts against a person under 13 years of age shall be subject to the provisions of Articles 297, 297-2, 298, 301, or 301-2."
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Additionally, paragraph 2 of the same article, newly established in May 2020, states, "A person aged 19 or older who commits sexual intercourse or indecent acts against a person aged 13 or older but under 16 shall be subject to the provisions of Articles 297, 297-2, 298, 301, or 301-2."
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