

Q
Can I file an assault crime complaint?
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I suspect my spouse of infidelity, but all the past text messages and photos on their phone have been deleted. Some appear to have been deleted recently, and some look to be from months ago. These can't be recovered with standard recovery programs, so I'm wondering if digital forensic recovery can restore this kind of data. I'd also like to know if data recovered this way can be used in court as evidence to prove infidelity.
assault crime complaint
Answer to Related Inquiry
Author: 정찬우
The situation you experienced may clearly constitute the crime of "assault" under the Criminal Act.
The act of the other party pushing your body or grabbing your collar, and threatening statements like "I won't leave you alone," are all legally problematic acts.
Accordingly, an assault crime complaint is possible.
The crime of assault is established from the moment physical force is exercised against the other person's body, and a complaint can be filed even without injury occurring.
In this case, a complaint can be filed through the nearest police station, district police office, or 112 report.
If you describe the harm in detail and submit related evidence, the investigation can begin smoothly.
You also asked whether you can file a complaint without the other party knowing.
Until the investigation begins, the perpetrator may not know about the complaint, but once summoned as a suspect at the investigation stage or once the investigation is in full swing, the complaint may be notified.
In other words, secret complaints are possible early on, but in many cases, the perpetrator becomes aware once the case progresses.
Therefore, in cases like yours where the perpetrator knows your home address and even made threatening statements, you cannot help but worry about retaliation.
In such cases, it is good to request personal protection from the police or a separate security company.
In the process of proceeding with an assault crime complaint, please ensure your safety through requesting security or personal protection measures.

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