통매음 구공판 실형 대신 기소유예로 상황 종결 짓는 방법은?

If you are reading this post, you are likely facing a complaint for obscene acts via telecommunications media (“tongmaeeum”).

This offense involves making remarks that constitute sexual harassment or sexual jokes through telecommunications media, causing the other party to feel sexual shame, and is unquestionably a sex offense, so you may face imprisonment as well as a security disposition, and it is essential to quickly find a defense strategy before the police investigation begins.

At this stage, you need the assistance of legal counsel with extensive experience in police investigations. This is because lowering the level of punishment and obtaining a Suspended Indictment before the Prosecution decides to indict and refer the case for formal trial is the best outcome. Only then can the case be concluded without a criminal record or a security disposition.

With that in mind, today LAWFIRM LEAP, staffed with attorneys from major law firms and former police officers, will help you promptly resolve a situation where a formal trial for this offense is underway. If you are wondering how to obtain a Suspended Indictment or Non-Indictment during the investigation stage to avoid imprisonment and a security disposition, please take just three minutes to read today's post.

01Facing the risk of actual imprisonment?

This offense is committed when a person, for the purpose of arousing or satisfying his or her own or another person's sexual desire, uses a telephone, mail, computer, or other telecommunications media to deliver images, pictures, or words that cause another person to feel sexual shame.

Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 13 (Obscene Acts Using Telecommunications Media) A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes another person to receive, through a telephone, mail, computer, or other telecommunications media, words, sounds, writing, pictures, images, or objects that cause sexual shame or disgust shall be punished by imprisonment for not more than two years or a fine not exceeding 20 million won.

In these cases, evidence on telecommunications media often remains, so if a fine or heavier sentence is imposed, a security disposition for sex offenders must also be imposed. Therefore, if a criminal complaint has been filed against you, it is dangerous to hastily undergo an investigation without a plan.

Making statements that are unfavorable to explaining your alleged offense can make it difficult to obtain leniency.

Therefore, if you have received a complaint, you should establish an initial strategy to defend against punishment for this offense before participating in the investigation. This requires various legal steps, including assessing the alleged conduct, analyzing evidence, presenting sentencing factors, and reaching a settlement with the victim, so we strongly advise that you consult an expert who has handled numerous such cases and obtain practical legal assistance.

And addressing these matters promptly during the initial police and prosecutorial investigation can help prevent an Indictment leading to formal trial, allow for early resolution of the case, and help avoid the lasting label of a sex offender.

02Facing formal trial for this offense? How to end the situation with a Suspended Indictment instead of actual imprisonment?

In such cases, you need to check whether the conduct meets the legal elements of the offense and whether the other party has actually gathered and submitted evidence to prove this.

If the offense was committed through a channel such as YouTube or social media, even if the chat history has been deleted, the victim may already possess it, or the supporting data can be recovered through digital forensics, so if the offense is in fact established, it is necessary to acknowledge the offense and show genuine remorse rather than attempt to destroy evidence.

You should also look for ways to reduce the legal sentence.

What matters most here is reaching a settlement with the victim.

If you actively compensate the victim and sincerely apologize, and as a result the victim expresses an intent not to seek punishment, you may obtain leniency in the form of a Suspended Indictment.

However, if the victim harbors strong negative feelings due to the circumstances of the offense or the complaint process, reaching a settlement smoothly can be difficult. In such cases, it is necessary to conclude the process with the help of an attorney experienced in numerous sex offense settlements. Only then can you draft a settlement agreement with favorable terms and negotiate the amount, while avoiding continued civil or criminal disputes.

In addition to a settlement, you should also argue points such as having no prior record, and the fact that if you receive actual imprisonment, you would be dismissed from your job and face financial hardship, in order to obtain leniency. In particular, you must respond quickly from the initial investigation stage so that the Prosecution does not decide to indict and proceed to formal trial.

Even if leniency is intended, if the formal trial results in a sentence of a fine or heavier, you will face problems such as having to undergo a security disposition while bearing the stigma of being labeled a sex offender, so we strongly advise you to respond quickly by securing evidence and presenting sentencing factors.

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

Our attorneys at LAWFIRM LEAP have experience working at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms, as well as former police experience, giving them in-depth and effective know-how for responding to initial investigations.

Accordingly, having handled numerous difficult sex offense investigations, we can establish a tailored strategy for the client from the beginning to the end of the case and respond accordingly.

In particular, in cases like this, the initial statement and the direction of statements during the police investigation are crucial. As you need to work with an expert who has practical know-how and a deep understanding of police investigation strategy, LAWFIRM LEAP can assist you. An expert who truly understands investigations will find the solution you need, so please trust us with your case.

Thank you for reading this long post.