Criminal · School Violence · Damages
Victim Representation — Adult Man Who Claimed to Be 'Dating' a Middle-schooler
1. Case Overview
The victim in this case was still a middle-school student. The perpetrator lured the 14-year-old victim into a private room at a 'room cafe' and, despite her resistance, put his hand inside her underwear and molested her. The defendant claimed he had been dating the victim, but that is no defense to the crime. Because the victim was a minor aged 14, the conduct is treated under the Criminal Act as 'statutory rape of a minor' regardless of consent. In this case in particular, the conduct was judged all the more serious because it was not a one-off but repeated and habitual.
2. DAEON's Strategy
Our client was suffering severe anxiety from the repeated molestation, and the defendant's attitude showed no remorse or sincere apology whatsoever. As the victim's legal representative, I thoroughly blocked the defense's inappropriate attempts at settlement from the outset and focused on the victim's recovery and on holding the perpetrator accountable. At trial, the defendant admitted all of the offenses, but made little genuine effort to apologize to or make amends with the victim. The victim wanted him punished severely, so I submitted an opinion brief that concentrated on the repeated nature of the offenses, the fact that the victim was a minor, and the defendant's premeditation and persistence at the time of the offenses. In the end, the court sentenced the defendant to three years in prison and additionally ordered him to complete a sexual violence treatment program and barred him from employment at institutions serving children, juveniles, and persons with disabilities for five years. Beyond mere punishment, these are protective measures designed to prevent similar offenses. What I want to stress once again through this case is that any settlement in a sex crime case must be handled with the assistance of an attorney. When victims agree to a settlement on their own, they frequently end up not with fair compensation but with a significant loss. I always do my utmost to secure the victim's honor and recovery and to hold the perpetrator genuinely accountable to the very end.
3. Result - 3 Yr Prison, KRW 50M Settlement
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Shin Dong-woo
Kwak Dong-jun
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