Q
Can I avoid punishment if I settle before the telecommunications obscenity police investigation?
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Hello. I'm a CEO of a small company. With the economy tough lately, I've decided to sell the company. I'm looking for materials to prepare for M&A. I'm not sure where to start with contract legal review. Are there legal items I need to prepare in advance for M&A? I'd appreciate it if you could let me know.
telecommunications obscenity police investigation
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作者: 고병준
Hello. I am a sex crime specialist attorney at Daeryun Law Firm.
Even if you settle before the telecommunications obscenity police investigation, it cannot be definitively said that you can avoid punishment.
The crime of using telecommunications media for obscenity, that is, telecommunications obscenity charges, is in principle not a crime requiring victim's complaint, so the investigation can proceed regardless of the victim's wishes for punishment.
Therefore, the case is not automatically terminated just because a settlement has been reached.
However, settlement at the telecommunications obscenity police investigation stage can have important effects on the investigation results.
In fact, whether settlement was reached is used as material to judge the suspect's remorseful attitude, circumstances of the crime, and possibility of recidivism, and accordingly there are cases of receiving leniency.
Especially for first-time offenders or in cases where the level of the act is relatively minor, settlement can act as a factor lowering the punishment level.
What you must be careful about is the settlement process.
If you forcibly try to contact before the investigation or use inappropriate expressions, it can rather lead to secondary harm issues, so caution is required.
Also, even if a settlement was reached, if the statement content during the telecommunications obscenity police investigation is left unfavorable, you may receive an unfavorable judgment in subsequent procedures.
Ultimately, more important than whether a settlement was reached before the telecommunications obscenity police investigation is what meaning that settlement is organized into during the investigation process.
Rather than focusing only on settlement payment, it is desirable to comprehensively examine how the entire case can be evaluated and then organize the response direction.
The sex crime specialist attorney at Daeryun Law Firm thoroughly analyzes the circumstances and issues of the case from the investigation stage through all criminal procedures and provides assistance to minimize disadvantages with response strategies tailored to the situation.
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