If I reach a settlement before the police investigation for obscenity via telecommunication media, can I avoid punishment?

Hello. I am an attorney specializing in sexual crimes at Daeryun Law LLC.

The fact that a settlement was reached before the police investigation for obscenity via telecommunication media does not necessarily mean that punishment can be avoided.

Because the crime of obscenity via telecommunication media is, in principle, not a crime requiring a complaint to prosecute, the investigation can proceed regardless of the victim's intent to punish.

Therefore, the mere fact that a settlement was reached does not automatically conclude the case.

However, a settlement at the stage of the police investigation for obscenity via telecommunication media can significantly affect the outcome of the investigation.

In practice, whether a settlement has been reached is used as material for assessing the suspect's attitude of repentance, the circumstances of the offense, and the likelihood of reoffending, and there are cases in which lenient treatment is granted accordingly.

In particular, if it is a first offense or a matter in which the severity of the conduct is relatively minor, a settlement is likely to act as a factor that lowers the level of punishment.

The point to be careful about is the settlement process.

If you make excessive attempts to make contact before the investigation or use inappropriate expressions, it may instead lead to a secondary-harm problem, so caution is needed.

In addition, even if a settlement has been reached, if the content of your statements in the police investigation for obscenity via telecommunication media remains unfavorable, you may receive an unfavorable judgment in the subsequent proceedings.

Ultimately, what matters more than whether a settlement was reached before the police investigation for obscenity via telecommunication media is how that settlement is characterized during the investigation.

Rather than focusing only on paying the settlement amount, it is advisable to comprehensively examine how the case as a whole may be evaluated and then organize your response direction.

Attorneys specializing in sexual crimes at Daeryun Law LLC closely analyze the circumstances and issues of a case throughout the criminal process, from the investigation stage, and provide assistance so that disadvantages can be minimized through a response strategy tailored to the situation.