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Obscenity via telecommunication media

Obscenity via Telecommunication Media Suspension of Indictment Case | A Case in Which a Client Charged with Obscenity via Telecommunication Media Received a Suspension of Indictment

The client, who requested a consultation regarding the possibility of a suspension of indictment for obscenity via telecommunication media, sought to defend against punishment with a suspension of indictment in a situation where the client had been the subject of a complaint for obscenity via telecommunication media by a woman whom the client had come to know through Telegram.

CONTENTS
  • 1. The Client Who Sought Assistance for a Suspension of Indictment in an Obscenity via Telecommunication Media Matter
    • - The Circumstances of the Obscenity via Telecommunication Media Case
  • 2. Identifying the Issues in the Case for a Suspension of Indictment in an Obscenity via Telecommunication Media Matter
    • - Establishing a Case Strategy for Suspension of Indictment
  • 3. Strategy for a Suspension of Indictment in an Obscenity via Telecommunication Media Matter
    • - Strategy for Suspension of Indictment ① First Offense and Voluntary Contact
    • - Strategy for Suspension of Indictment ② Immediate Cessation of the Conduct
    • - Strategy for Suspension of Indictment ③ Attempting a Settlement with the Victim and Expressing Remorse
  • 4. Obtaining a Suspension of Indictment for Obscenity via Telecommunication Media and Concluding the Case
    • - Methods of Responding to an Obscenity via Telecommunication Media Case

1. The Client Who Sought Assistance for a Suspension of Indictment in an Obscenity via Telecommunication Media Matter

obscenity via telecommunication media, suspension of indictment, circumstances of the case study



The client, who wished to receive a suspension of indictment for obscenity via telecommunication media, was referred to the prosecution on a charge of obscenity via telecommunication media, but, through the support of an attorney specializing in obscenity via telecommunication media, was able to bring the case to a close by receiving a suspension of indictment.

The Circumstances of the Obscenity via Telecommunication Media Case

The client received a photograph and contact information of a woman through a third party he came to know in a Telegram chat room.

The photograph showed the woman with part of her chest exposed.

He then exchanged messages with the woman through KakaoTalk, and the client used expressions that induced sexual shame in the other party.

The victim, who felt offended by this, subsequently filed a complaint against the client for obscenity via telecommunication media.

At first, the client, who considered the matter minor, responded to the police investigation without retaining an attorney.

However, the case was referred to the prosecution, and as a result he came to feel the burden of criminal punishment and social stigma.

Wishing to avoid punishment by any means, the client came to a sexual offense specialist attorney and requested a consultation regarding the possibility of a suspension of indictment for obscenity via telecommunication media.

2. Identifying the Issues in the Case for a Suspension of Indictment in an Obscenity via Telecommunication Media Matter

Through a suspension of indictment for obscenity via telecommunication media, the client sought to avoid criminal punishment.

Obscenity via telecommunication media refers to the "obscene act using telecommunication media" prescribed in Article 13 of the "Act on Special Cases concerning the Punishment of Sexual Crimes."

What is obscenity via telecommunication media?


The act of transmitting obscene words, photographs, videos, or the like through "telecommunication media" such as telephone, text message, a messenger app, email, or the internet, for the purpose of arousing or satisfying one's own or another person's sexual desire

The client's charge was recognized on grounds such as sending the victim messages causing sexual humiliation and receiving and storing photographs in which part of the victim's body was visible.

If obscenity via telecommunication media is established in this way, the following punishment may be imposed.

Level of punishment for obscenity via telecommunication media

Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes

Level of punishment

Obscene act using telecommunication media

Imprisonment of up to 2 years or a fine of up to 20 million won

Establishing a Case Strategy for Suspension of Indictment

Suspension of indictment refers to a disposition in which, although suspicion of a crime is recognized, the prosecutor declines to bring a public prosecution after taking into consideration circumstances such as the offender's age, character, intelligence, motive for the offense, and result.

As one of the non-prosecution dispositions, it refers to concluding the case without punishment, even though suspicion of the crime is recognized.

The client likewise sought to avoid punishment through a suspension of indictment.

Accordingly, the sexual offense specialist attorney established a strategy of focusing on proving that "the necessity of punishment is low" rather than denying the client's suspicion itself.

3. Strategy for a Suspension of Indictment in an Obscenity via Telecommunication Media Matter

Daeryun obscenity via telecommunication media suspension of indictment defense strategy case study



Aiming for a suspension of indictment in the obscenity via telecommunication media matter, the sex crime specialist attorney clearly analyzed the issues in the case and, on that basis, sought to maximize the possibility of exemption from punishment for the client through systematic assistance.

Issues in the case

▷ The fact that the client is a first-time offender

▷ The fact that contact with the victim was voluntary and the sexual message occurred only once

▷ The fact that the conduct was stopped immediately after the message was sent


Accordingly, the client's sincere attitude, such as making efforts to settle with the victim, was central to persuading the court.

Strategy for Suspension of Indictment ① First Offense and Voluntary Contact

The obscenity via telecommunication media attorney closely proved that the client had no criminal record whatsoever and that the contact with the victim had also taken place with the victim's consent.

In particular, the attorney clearly established through materials and statements that there was only a single sexual message, emphasizing the minor nature of a first offense.

Strategy for Suspension of Indictment ② Immediate Cessation of the Conduct

The attorney emphasized that, in response to the victim's negative reaction immediately after sending the message at issue, the client immediately stopped all obscene conduct and did not make any further attempt to contact the victim.

Through this, the attorney effectively conveyed to the court the client's responsible attitude, the one-time nature of the incident, and the low concern of reoffending.

Strategy for Suspension of Indictment ③ Attempting a Settlement with the Victim and Expressing Remorse

The attorney specializing in obscenity via telecommunication media argued that the suspect had sincerely made efforts toward an amicable settlement with the victim.

To prove this, the victim's written statement and records of settlement attempts were submitted.

The attorney also submitted, on several occasions, a letter of reflection expressing deep remorse, thereby impressing the client's sincerity upon the court.

4. Obtaining a Suspension of Indictment for Obscenity via Telecommunication Media and Concluding the Case

Daeryun sex crime attorney obscenity via telecommunication media suspension of indictment work example



The prosecution, accepting the sex crime attorney's arguments made to obtain a suspension of indictment for obscenity via telecommunication media, issued a "suspension of indictment" disposition for the client.

As a result, the client was able to return to society without actual criminal punishment.

Methods of Responding to an Obscenity via Telecommunication Media Case

Even in situations where punishment is feared due to an obscenity via telecommunication media case, there are numerous instances of suspension of indictment and defense against criminal punishment through the systematic and swift assistance of a sex crime attorney.

At Daeryun LLC, numerous attorneys with extensive experience handling sex crime and criminal cases are affiliated.

Through a dedicated consultation attorney system, the characteristics and issues of a case are analyzed closely, and a specialist attorney is assigned to establish a client-tailored response strategy and provide accurate assistance.

In addition, cases are continuously monitored on a team basis, with a focus on minimizing the client's legal disadvantages.

If you have been accused in an obscenity via telecommunication media matter and need legal assistance, please entrust your case at any time through a legal consultation reservation.

통매음기소유예

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.

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