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Legal Intellectual

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Q

If I go to an ordinary law office, will they perform iPhone forensics for me?

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I am being stalked by someone I used to know. The problem is that, because I could not stand the sight of them, I deleted the text and KakaoTalk messages. To find evidence, it seems I need to do iPhone forensics; will an ordinary law office do it for me? Or do the forensics and the complaint have to be handled separately?

iPhone forensics

A

Answer to Related Inquiry

The iPhone forensics you mention is a procedure for extracting and recovering data remaining in areas such as the iPhone's internal storage using specialized equipment and techniques.

Through this, you can secure a substantial portion of the materials needed to prove stalking harm, such as recently deleted text and KakaoTalk messages, but 100% recovery is not guaranteed, depending on factors such as the time elapsed since deletion, overwriting, and whether the data is encrypted.

Therefore, when preparing a stalking complaint, it is important to gather not only the forensic results but also circumstantial evidence showing repetitiveness and the causing of anxiety, such as the carrier's outgoing and incoming call records, CCTV and access records, and recordings, videos, or remittance records containing threatening words or conduct.

When these requirements are met, under Article 18 of the Act on the Punishment of Stalking Crimes, punishment such as imprisonment for up to three years or a fine of up to 30 million won may be imposed.

Ordinary law offices often do not perform iPhone forensics themselves, so it is advisable to separately inquire at a specialized digital forensics institution, or to seek out a law office that has its own forensics team from the start.

In addition, to secure the integrity and legality of the evidence, it is safer to stop using the device immediately after the incident and to consult a specialized institution or an attorney while preserving a backup.

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