Why You Must Obtain a Suspended Indictment for Insulting Language via Random Chat

We are LAWFIRM LEAP, where a team of three attorneys, including those with backgrounds at major law firms and the police, handle cases together.

We believe some of you reading this article now may be at risk of punishment after being reported for an offense involving insulting language via random chat.

Some people involved in such matters respond casually, claiming it was only a joke.

This matter is unmistakably a sex offense subject to severe criminal punishment, and if a fine or heavier penalty is imposed, a protective disposition may also be ordered, making this a serious matter.

A protective disposition requires registration and disclosure of personal information, restrictions on employment or visa issuance, and wearing an electronic monitoring device, which can cause devastating problems in one's social life.

Therefore, you must respond properly from the early stages to obtain a suspended indictment.

With that in mind, today LAWFIRM LEAP, which includes attorneys with backgrounds at major law firms and the police, will explain effective response strategies for obtaining a suspended indictment for insulting language via random chat.

Please take just three minutes to read this carefully.

01You Risk Becoming a Sex Offender for Insulting Language via Random Chat

Insulting language via communication media refers to the crime of obscene acts using telecommunications, which is defined in the Act on Special Cases Concerning the Punishment of Sexual Crimes.

For example, if you use offensive or insulting language while random chatting that causes sexual shame in the other party, or send photos or videos, punishment may be recognized depending on the legal requirements for establishment of the offense.

Article 13 (Obscene Acts Using Communication Media) of the Act on Special Cases Concerning the Punishment of Sexual Crimes 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, videos, or objects that cause sexual shame or disgust to reach another person through telephone, mail, computer, or other communication media shall be punished by imprisonment for not more than two years or a fine not exceeding 20 million won.

This offense carries a penalty of up to two years of imprisonment or a fine of up to five million won, and actual imprisonment is often imposed, which is why the strategy in the initial investigation is critical.

If intent or habituality is recognized for this conduct, leniency becomes difficult to obtain, and even if a fine is imposed and detention is avoided, the person becomes a registered sex offender with a criminal record and must comply with a protective disposition.

In particular, if the person is a public official, works at a public enterprise, or is preparing for a civil service exam, a conviction with actual imprisonment for a sex offense could result in dismissal through internal disciplinary action or loss of eligibility for appointment.

Therefore, obtaining a suspended indictment for insulting language via random chat is essential, and you should seek the assistance of legal counsel who can quickly present sentencing-related evidence during the investigation stage to increase the possibility of leniency.

02How to Obtain a Suspended Indictment for Insulting Language via Random Chat

In this type of matter, before responding to the police investigation, you must carefully analyze the case to first determine whether the legal requirements for the offense are met.

Even if a complaint has been filed, if the legal requirements are not satisfied, you can state your position through legal procedures and defend against unfair punishment.

For example, if both parties agreed to exchange photos of their bodies while random chatting, but one party then filed a complaint alleging insulting language, the offense may be avoided if the relevant content is found and proven through digital forensics.

Conversely, if the offense is established as alleged in the complaint, you must show genuine remorse and reflection on your wrongdoing.

It is also necessary to convey your apology and willingness to actively compensate for the harm to the other party.

If an amicable settlement is actually reached and the other party expresses an intent not to seek punishment, there is a good chance of receiving leniency.

However, in sex offense cases, reaching a settlement with the victim and showing an active attitude of compensating for the wrongdoing must be completed during the investigation stage for a suspended indictment to be possible.

Therefore, you should retain an expert who can complete this process quickly before the investigation concludes.

However, in carrying out the criminal settlement process, the victim and the suspect may disagree on the amount of settlement money or the specific terms of the settlement agreement, so please be sure to establish your response position and systematically present your case with the assistance of legal counsel.

Fortunately, if an amicable settlement with the victim is reached, and it is proven that the incident was accidental and this is a first sex offense, that the person genuinely reflected and actively cooperated with the investigation, and that actual imprisonment for this matter would result in loss of employment, the likelihood of a suspended indictment increases significantly. We therefore urge you to consult an expert who thoroughly understands investigations.

Because we have investigation experience, we can respond to investigations effectively.

Our attorneys at LAWFIRM LEAP have handled numerous sex offense cases while working at Kim & Chang and Bae, Kim & Lee, the largest law firms in Korea. In particular, veteran attorneys with police backgrounds join in the early stages of the case to steer it in a favorable direction.

If you request our help, we promise to develop and implement an initial response strategy tailored to each client's specific situation.

For initial investigation strategy and practical know-how, LAWFIRM LEAP, with attorneys who have police backgrounds and truly understand investigations, will find the best solution you need.

Please contact us anytime you need assistance.

Thank you.