Why You Should Aim for a Suspended Indictment Rather Than a Summary Indictment for Obscene Messaging via Communication Media

LAWFIRM LEAP has three attorneys specializing in criminal defense with experience handling thousands of 'sex offense' cases, and we work to find the best defense strategy for your specific matter.

If you are reading this, you are likely looking for a solution to minimize punishment in an obscene messaging case.

Obscene messaging via communication media refers to the offense recognized when, in the course of using online gaming or random chat services, a person sends words, images, videos, or photographs that provoke sexual desire, thereby causing the other party sexual shame or disgust.

This offense carries severe criminal penalties, making it essential to avoid pretrial detention. Even in cases resulting in a fine, ancillary measures such as criminal record registration and sex offender registration and management must be complied with.

Therefore, in obscene messaging cases, it is important to obtain a 'Suspended Indictment' disposition during the investigation stage, before the Prosecution decides to indict and the case proceeds to trial.

The problem is that, if indicted, since a trial will proceed, pursuing a summary indictment is the best available course of action. With that in mind, today we will explain how to resolve obscene messaging cases, drawing on the expertise of our sex offense specialist attorneys at LAWFIRM LEAP.

01Why is a Suspended Indictment necessary before a summary indictment for obscene messaging?

Obscene messaging is short for indecent acts using communication media, and the penalty provisions are set out under the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes.

If the offense is established, the offender faces imprisonment of up to 2 years or a fine of up to 20 million KRW.

02Act on Special Cases Concerning the Punishment of Sexual Violence Crimes, Article 13 (Obscene Acts Using Communication Media)

A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes words, sounds, writing, pictures, images, or objects that induce sexual shame or disgust to reach another person via telephone, mail, computer, or other communication media shall be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won.

If you have been reported, you should first check, based on legal standards, whether the matter actually constitutes a punishable offense.

To do so, the assistance of a legal professional who specializes in criminal defense and, in particular, has experience handling sex offense cases is necessary.

In particular, even where the charge is established, if there are mitigating circumstances, you should obtain a 'Suspended Indictment' to prevent a criminal record for a sex offense.

However, if sentencing materials—such as a settlement with the victim—are not properly substantiated, and if you fail to adequately demonstrate during questioning that the act was not intentional, indictment may follow.

Therefore, we strongly advise obtaining the assistance of a sex offense specialist to establish an initial strategy and properly prepare your statement from the outset in order to secure a Suspended Indictment.

03What must you do to avoid a summary indictment for obscene messaging?

You should analyze the complaint filed against you and, if it falls under the criteria for punishment for obscene messaging, identify facts that support mitigation.

It is necessary to submit as supporting evidence the fact that you had no intent to cause the other party sexual shame or disgust, and the fact that you may have reasonably believed the other party had consented.

You should work with an expert to swiftly organize evidence regarding this matter and analyze the case to identify grounds to actively state your position during questioning.

You should also actively demonstrate that you have no criminal record, that the act was impulsive, and that you sincerely regret your conduct, and appeal to the court for leniency.

However, at this stage, the key factor is reaching a settlement with the victim. If the victim's account is consistent and well-supported, that account is likely to be accepted, so you should quickly pursue a settlement with the victim.

If a settlement is not reached before the investigation concludes, the case may proceed to indictment, resulting in a summary indictment ruling.

Therefore, the assistance of a sex offense specialist experienced in reaching settlements is necessary, and you can find a way to reduce punishment by properly handling the necessary procedures, from drafting the settlement agreement, to calculating the settlement amount, to preparing a statement of non-punishment.

LAWFIRM LEAP is composed of attorneys with backgrounds at major law firms and the police, and in particular, our '3-attorney dedicated team' can provide seasoned analysis and a tailored action plan from criminal defense specialists.

In particular, in 'sex offense' cases, various sentencing factors must be considered for each case, and careful assistance tailored to the circumstances is required.

Accordingly, LAWFIRM LEAP strives to provide the best legal services based on expertise and know-how proven through numerous successful cases.

Therefore, if you are facing the risk of punishment for a 'sex offense' due to an obscene messaging matter, you should act quickly before the police investigation begins.

If you miss the golden hour, resolving a 'sex offense' matter becomes even more difficult. Contact LAWFIRM LEAP, and we will establish the best possible defense strategy for you.

Thank you for reading this long article.