CONTENTS
- 1. Non-referral in a Sex Crime Case | The Course of Events in Which a University Student Client Became Implicated in a Crime
- 2. Non-referral in a Sex Crime Case | The Sex Crime Attorney's Actual Response Strategy
- - Analyzing the Digital Access Records
- - Arguing the Need to Distinguish the Account Holder from the Actual User
- - Organizing the Direction of the Statement for the Police Investigation
- 3. Non-referral in a Sex Crime Case | Result: A Non-referral Decision
- 4. Non-referral in a Sex Crime Case | Legal Information on Violations of the Act on the Protection of Children and Youth against Sexual Abuse
- - Summary of the Main Sentencing Levels
- - Points to Confirm at the Initial Response Stage
1. Non-referral in a Sex Crime Case | The Course of Events in Which a University Student Client Became Implicated in a Crime
The client who requested a consultation in order to obtain a non-referral decision was a university student in his early twenties enrolled at a university in the Seoul metropolitan area.
The client frequently used online communities and secondhand trading platforms, and one day received a request from the police to appear in connection with an account held in the client's name.
The investigative agency explained that possession of child and youth sexual exploitation material had been confirmed in an online account opened in the client's name.
The account at issue, however, was not one that the client had personally used, and the client had not even been aware of the existence of that account.
Yet from the investigative agency's standpoint, once the account holder had been confirmed to be the client, it had no choice but to examine the client's connection to the case.
The client was preparing for employment, with graduation approaching.
Accordingly, the client felt a great burden at the prospect that a criminal record for a sex crime might place him at a disadvantage in his future career.
The sex crime attorney therefore assisted the client and, focusing on the circumstances under which the account had been opened, the actual access records, and whether any device had been used, concentrated on securing materials that could distinguish the account holder from the actual user, and devised a strategy aimed at a non-referral decision.
2. Non-referral in a Sex Crime Case | The Sex Crime Attorney's Actual Response Strategy
In order to obtain a non-referral decision, the sex crime attorney organized in detail, through consultation, the times of access to the account at issue, the devices used, and the client's daily movements.
The attorney then systematically organized the points that the investigative agency needed to confirm and devised a strategy aimed at a non-referral decision.
Analyzing the Digital Access Records
The sex crime attorney confirmed, through an analysis of the digital materials, the environment in which the account at issue had actually been used.
In this process, after confirming the matter in cooperation with the 🔗Digital Forensics Center, the attorney was able to establish that the access IP of the account at issue differed considerably from the client's place of residence and area of daily life.
In addition, no traces of downloading or storing the material at issue were found on the client's mobile phone or personal laptop.
sex crime attorney submitted a written opinion organizing the above facts and intensively demonstrated that it was difficult to identify the actual user.
Arguing the Need to Distinguish the Account Holder from the Actual User
The investigative agency brought the charge against the client on the basis that the account was held in the client's name.
The sex crime attorney, however, intensively explained that the account holder and the actual user could not be regarded as one and the same.
In particular, the attorney emphasized that crimes exploiting leaked personal information have recently been occurring in various forms, and that cases of unauthorized use of another person's information in the course of signing up for online platforms are also frequent.
The sex crime attorney also pointed out that there was no direct material establishing that the client had viewed or stored the video at issue, and argued that there was insufficient objective evidence to prove the charge.
Organizing the Direction of the Statement for the Police Investigation
Because the statement given during the police investigation is also an important factor in obtaining a non-referral decision, the sex crime attorney organized the anticipated questions in advance and reviewed the direction of the answers in concrete terms.
The attorney also accompanied the client to the investigation and provided direct assistance so that the client could clearly explain the facts during the questioning.
3. Non-referral in a Sex Crime Case | Result: A Non-referral Decision
The investigative agency comprehensively reviewed the fact that the IP access location did not match the client's actual area of daily life and the fact that no traces of the relevant files were found on the devices used.
As a result, it determined that there was insufficient material to conclude that the client had personally used the account at issue.
It was also taken into account that no direct evidence of downloading or viewing the file at issue had been confirmed.
In the end, the client's case was concluded with a non-referral decision, and the client was able to relieve the concern over criminal punishment and return to his studies and daily life.
4. Non-referral in a Sex Crime Case | Legal Information on Violations of the Act on the Protection of Children and Youth against Sexual Abuse
In the course of responding with a view to a non-referral decision, the procedure of accurately confirming the substance of the charge is important.
In particular, because the Act on the Protection of Children and Youth against Sexual Abuse provides for strict punishment of digital sex crimes, having a clear understanding of the relevant law is key.
Summary of the Main Sentencing Levels
Offense | Criminal Punishment |
|---|---|
Production, import, or export of child and youth sexual exploitation material | Life imprisonment or imprisonment for not less than five years |
Distribution, provision, advertisement, introduction, exhibition, or screening for profit, and possession or transport for such purposes | Imprisonment for a definite term of not less than five years |
Distribution, provision, advertisement, introduction, exhibition, or screening | Imprisonment for a definite term of not less than three years |
Arranging production | |
Threats using child and youth sexual exploitation material | |
Purchasing, possessing, or viewing child and youth sexual exploitation material | Imprisonment for a definite term of not less than one year |
Crimes using digital storage media or online accounts may lead, in addition to criminal punishment, to further disadvantages such as registration of personal information and employment restrictions, so setting the approach to the response at the early stage of the investigation is very important.
Points to Confirm at the Initial Response Stage
The course of a non-referral case can change depending on whether digital materials are secured.
Therefore, rather than offering forced explanations or giving statements emotionally at the early stage of a case, it is important to objectively organize the access records and the device usage history and to set the approach to the response.
If, like the client in this case, the key issue is whether the actual user can be identified, we encourage you to respond by systematically reviewing the relevant materials through a 🔗legal consultation appointment.
Daeryun, Korea's ninth-largest law firm (based on 2025 value-added tax filings with the National Tax Service), helps resolve cases through the systematic strategies of legal specialists across multiple practice areas.
• Organizing the facts through digital forensics and analysis of evidentiary materials
• Accompanying the client through the police investigation and trial proceedings to support the procedural response
• Comprehensively reviewing the course of the case and the evidentiary relationships to build a defense argument
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
