CONTENTS
- 1. The Story of the Client Subjected to a Police Investigation of a Sex Crime
- 2. The Assistance Provided by the Sexual Offense Attorney for the Police Investigation of a Sex Crime
- - Digital Forensics and Organization of the Relationship's Background
- - Establishing a Sentencing-Centered Defense Strategy
- - Settlement With the Victim's Side and Securing of Materials in Mitigation
- 3. The Result of the Response to the Police Investigation of a Sex Crime: Suspended Sentence Imposed in Lieu of an Actual Sentence
- - Charges Relating to Child or Youth Sexual Exploitation Material: Criteria for Application and Levels of Punishment
- - Matters That Must Be Confirmed When Responding to a Police Investigation of a Sex Crime
1. The Story of the Client Subjected to a Police Investigation of a Sex Crime
The client who was subjected to a police investigation of a sex crime had been maintaining a relationship with an individual he had come to know through social media when, upon it being confirmed that the other party was a minor, he became the subject of an investigation concerning matters relating to sexual intercourse and filming.
After confirming the relevant circumstances during the mobile phone forensic process, the investigative agency began to examine the possibility of applying charges of producing and filming child or youth sexual exploitation material under the Act on the Protection of Children and Youth against Sexual Abuse.
In particular, given the nature of a case involving the filming of a minor, the possibility of detention investigation was raised from the early investigative stage, and the burden on the client was considerable.
In addition, as the question of whether the filmed material had been stored and whether it had been transmitted was also included among the matters under review during the investigation, the client felt great anxiety about the possibility that the case might lead to serious criminal punishment.
Accordingly, the client concluded that the direction of the early statements and the strategy for responding to the digital evidence could decisively affect the outcome of the case, and sought out a sexual offense attorney in order to defend against an actual sentence.
2. The Assistance Provided by the Sexual Offense Attorney for the Police Investigation of a Sex Crime
From the early stage of the police investigation of the sex crime, the sexual offense attorney, in order to assist a client for whom the possibility of an actual sentence had been raised as high, established a systematic response strategy encompassing the response to the search and seizure and forensics, the preparation of sentencing materials, and the settlement procedure with the victim's side.
Digital Forensics and Organization of the Relationship's Background
The sexual offense attorney reviewed the forensic data from the client's mobile phone and the messenger conversation records, organizing the background of the case and the course of their communications.
On this basis, the attorney demonstrated, on the basis of objective materials, the circumstance that mutual communication had continued rather than any coercive situation, and analyzed the secured digital records so that the charges would not be expanded excessively.
The attorney also actively explained, among other points, that the risk of flight and destruction of evidence was low at the police investigation stage of the sex crime, thereby obtaining the dismissal of the request for a detention warrant.
Establishing a Sentencing-Centered Defense Strategy
Rather than having the client unreasonably deny the fact of the filming itself, the sexual offense attorney established a defense strategy focused on the background of the case and the measures taken thereafter.
Together with a written opinion organizing the process by which the relationship was formed, the client's attitude of remorse, and the efforts to prevent recidivism, the attorney submitted materials such as records of psychological counseling and the completion of educational programs, as well as a petition from the family, emphasizing the low likelihood of recidivism.
The attorney set out in concrete detail the client's efforts to improve his life following the incident and his resolve to prevent recidivism, actively arguing the need for leniency.
Settlement With the Victim's Side and Securing of Materials in Mitigation
The sexual offense attorney maintained continuous communication with the victim's representative and coordinated the possibility of an amicable settlement, reaching a settlement with the victim's side ahead of the sentencing date and providing assistance so that this could lead to a result favorable in terms of sentencing.
In addition, the attorney organized and submitted materials in mitigation concerning the client's overall life, such as his social relationships and his circumstances of employment and family support, explaining to the court in concrete detail that the likelihood of a stable return to society was high.
3. The Result of the Response to the Police Investigation of a Sex Crime: Suspended Sentence Imposed in Lieu of an Actual Sentence
As a result of the response to the police investigation of the sex crime, the court imposed on the client a suspended sentence in lieu of an actual sentence.
Charges Relating to Child or Youth Sexual Exploitation Material: Criteria for Application and Levels of Punishment
If you become subject to an investigation on a related charge, you must carefully prepare the direction of your early statements and your strategy for responding to the digital evidence.
Sex crime cases involving a minor tend to involve a more intense investigation than ordinary criminal cases, and it is not uncommon for a search and seizure or mobile phone forensics to be conducted from the early stage of the investigation.
Because deleted photographs, messenger conversation records, and cloud storage records may be recovered during this process and used as investigative material, attempts to delete material or impulsive statements may instead work to your disadvantage.
In addition, because matters such as whether the person was aware that the other party was a minor, whether the filmed material was stored and transmitted, and the possibility of a settlement with the victim's side are also reviewed as principal issues, it is important to organize the background of the case and the secured digital records objectively.
In particular, charges relating to child or youth sexual exploitation material are not judged solely on whether filming took place; rather, whether the charge applies may be determined by comprehensively reviewing such matters as whether the filmed material was saved, stored, or transmitted, the content of the messenger conversations, and whether the person was aware of the other party's age.
For example, even if the other party voluntarily transmitted the filmed material, where this was saved on a mobile phone or in cloud storage or retransmitted, additional charges may arise, and deleted files may likewise be recovered during the digital forensic process and used as evidence.
Type | Punishment |
|---|---|
Producing, importing, or exporting child or youth sexual exploitation material | Life imprisonment or imprisonment for at least five years |
Selling, distributing, or providing it for commercial purposes | Imprisonment for a definite term of at least five years |
Distributing or providing child or youth sexual exploitation material, or for that purpose advertising, introducing, publicly exhibiting, or screening it | Imprisonment for a definite term of at least three years |
Purchasing, possessing, or viewing child or youth sexual exploitation material | Imprisonment for a definite term of at least one year |
Matters That Must Be Confirmed When Responding to a Police Investigation of a Sex Crime
Matters That Must Be Confirmed
Checklist | Key Matters to Confirm |
Confirming whether a search and seizure and forensics took place | Reviewing the scope of mobile phone, cloud, and messenger data secured |
Reviewing the content of the early statements | Confirming any reversal of statements and any unfavorable expressions |
Securing digital evidence | Reviewing the recovery of conversation records, call logs, and deleted files |
Reviewing the possibility of a settlement with the victim's side | Confirming the factors in mitigation to be reflected in sentencing |
Confirming the possibility of detention and additional charges | Reviewing the request for a warrant and any expansion of distribution or possession charges |
Daeryun, the ninth largest law firm in the Republic of Korea based on value-added tax filings with the National Tax Service, draws on its proven scale and experience to provide comprehensive legal assistance ranging from digital evidence analysis and the organization of the structure of the early statements, the response to a search and seizure, and the preparation of sentencing materials.
In particular, through collaboration with the Digital Forensics Center, the firm responds in a systematic manner to search and seizure and forensic procedures concerning mobile phones, messengers, and cloud storage, and supports a professional response strategy from the early stage of the case, including the review of records of recovered deleted files, the analysis of digital evidence, and the review of materials secured by the investigative agency.
In addition, the firm continues a strategic response tailored to the progress of the case, from the police investigation stage through the response to a detention warrant, the settlement procedure with the victim's side, and the defense at the trial stage.
If you are experiencing difficulty in the direction of your response in connection with a police investigation of a sex crime, we encourage you to proceed with a 🔗legal consultation reservation at this time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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