통매음 처벌수위 및 보안처분 막는 상황별 전략 <총정리>

This is 'LAWFIRM LEAP,' where a team of three Attorneys from major law firms and former police officers handle each case.

If you are reading this, you are likely someone who has been accused of cyber sexual harassment through communication media and is deeply concerned about the level of punishment.

Cyber sexual harassment via communication media (tongmaeeum) is a criminal offense that may apply when a person sends sexual jokes or messages that constitute sexual harassment through online communication media such as SNS, and the other party feels sexual humiliation as a result.

More people than you might expect are unaware that there is a specific statute governing this offense.

Since this is clearly a sex offense, there is a risk of actual imprisonment, and even if only a fine is imposed, a security disposition (bosanjcheobun) may follow, which can cause serious problems in daily life and social activities.

Therefore, if you are under investigation for this matter, you should seek the assistance of a legal professional to establish a proper initial strategy and quickly find ways to reduce the severity of punishment.

With that in mind, today LAWFIRM LEAP, staffed with Attorneys from major law firms and former police officers, will explain practical methods to reduce the severity of punishment for cyber sexual harassment.

01If you are at risk of actual imprisonment?

This offense is established when a person makes remarks capable of arousing sexual desire in themselves or others through communication media, or transmits writing, video, or pictures that cause sexual humiliation or aversion in the other party.

This also includes cases where harassing messages or comments are posted on widely used platforms such as Instagram or YouTube.

This matter can be punished as obscene acts using communication media. It carries imprisonment of up to 2 years or a fine of up to 20 million KRW.

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 one's own or another's sexual desire, causes the other party to receive words, sounds, writing, pictures, video, or objects that cause sexual humiliation or aversion through 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 KRW.

Since the level of punishment is not light, and a sentence of a fine or higher also requires compliance with sex offender security dispositions, if you have received a complaint, you should quickly develop a defense strategy.

Receiving a complaint does not automatically mean guilt will be established, so you need the assistance of a professional who can properly analyze your conduct and the legal elements of the offense to find a way to obtain leniency.

02How can the level of punishment for cyber sexual harassment be reduced?

1) If the charge is likely to be established

If you engaged in conduct that satisfies the legal elements of this offense, you need to find a way to reduce the severity of punishment.

In sex offense cases, establishing a proper initial strategy and showing that the act was impulsive rather than intentional significantly increases the likelihood of receiving leniency.

However, since obtaining leniency while a charge exists requires a strategic response, you should undergo the police investigation only after case analysis with the assistance of a specialized Attorney.

You should also show that you acknowledge and reflect on your wrongdoing, while providing credible, evidence-based statements and cooperating with the investigation.

It is also important to reach a prompt settlement with the other party.

For sex offenses, obtaining a Suspended Indictment can help avoid a criminal record and delay compliance with sex offender security dispositions, so it is important to promptly pursue settlement negotiations with a specialized Attorney and bring the case to a smooth conclusion.

Of course, to achieve this, you must obtain consideration by demonstrating an attitude of acknowledging your wrongdoing, reflecting on it, and pledging not to reoffend, and by establishing, if applicable, that you have no prior criminal record and that receiving a sentence in this matter would cause significant professional disadvantage as a first-time offender. Therefore, you should address this matter together with a sex offense specialist who can provide proper legal assistance.

2) If you wish to argue that no charge should be established?

Among those facing this issue, some may wish to argue that no charge should be established.

If there are contradictions in the victim's statement or the allegations are untrue, you should establish a systematic plan to argue that you should be Cleared of Suspicion.

If you did not send anything constituting sexual harassment, or if you and the other party agreed to exchange sexual photos, or if there is a history of both parties sending each other obscene photos or videos, you should present these facts to obtain a finding that no charge is established.

Since an evidence-based explanation process is necessary, we recommend working with a legal professional who has strong analytical skills regarding the circumstances and evidence.

We also urge you to check whether the evidence submitted by the other party can actually be recognized, or whether this is a case where you should argue insufficient evidence.

It is also risky to settle or to make a slip of the tongue in your initial statement that seems to admit guilt, so in this matter, you should respond with a strategy tailored to your situation, with the assistance of a specialized Attorney.

Having actually conducted investigations ourselves, we are equipped to respond to investigations.

The Attorneys at LAWFIRM LEAP have handled numerous sex offense cases while working at Korea's leading law firms, Kim & Chang and Bae, Kim & Lee.

We therefore encourage you to undertake case analysis together with an Attorney from LEAP, and if you request our assistance, we promise to establish and carry out a customized strategy tailored to each client's situation, from the beginning to the end of the case.

The initial investigation strategy and practical know-how, which are critical in this matter, are areas where our LAWFIRM LEAP, staffed with former police officers, excels most.

Please trust that a professional who truly understands investigations will find the solution you need.

Thank you for reading this long article.