Non-referral in a Sex Crime Case | Sex Crime Attorney Who Assisted a University Student and Secured a Non-referral Decision on a Charge of Violating the Act on the Protection of Children and Youth against Sexual Abuse

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.

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.

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.

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.

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.