Court Acquits Man Caught Receiving Nude Massage at Sex Work Establishment

No Punishment Regulations for Attempted Prostitution Offenders

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] A man who was caught receiving a massage while completely naked at a prostitution establishment offering quasi-sexual acts was acquitted.

Since the Act on the Punishment of Acts of Prostitution does not have provisions to punish attempted prostitution, even if someone visits a prostitution establishment and receives a massage, if there was no physical contact aimed at sexual satisfaction, they cannot be punished.

According to the legal community on the 29th, the Criminal Appeal Division 1 of the Daejeon District Court (Chief Judge Yoon Seong-muk) dismissed the prosecution's appeal in the appellate trial of Mr. A, a man in his 30s who was indicted on charges of prostitution and acquitted in the first trial, and acquitted him as in the first trial.

The court stated, "After carefully reviewing the records, there is no legal error in the original judgment that acquitted the defendant of the charges in this case."

Mr. A visited a prostitution establishment located in a building in Daejeon around 2019, gave 110,000 won in cash to an employee, and entered a room where a female worker was alone.

The worker, who was wearing only underwear and a top, washed Mr. A's body and then massaged his shoulders and back before being caught by the crackdown team. At that time, Mr. A was in a naked state.

The prosecution considered the entire process of showering and massage followed by quasi-sexual acts to be illegal and indicted Mr. A for violating the Act on the Punishment of Acts of Prostitution.

However, the first trial court acquitted Mr. A, stating, "The massage cannot be regarded as an act similar to sexual intercourse or as physical contact aimed at sexual satisfaction."

Article 2 (Definitions) Paragraph 1 Subparagraph 1 of the Act on the Punishment of Acts of Prostitution defines 'prostitution' as engaging in sexual intercourse or quasi-sexual acts, or being the counterpart to such acts, in exchange for money or other property benefits from unspecified persons.

Also, Article 21 (Penalties) Paragraph 1 of the same law stipulates that "a person who commits prostitution shall be punished by imprisonment for not more than one year or a fine, detention, or a minor fine not exceeding 3 million won," but Article 21 is not included in Article 23, which punishes attempts.