Obscenity using telecommunications media, voice chat app
The client sent sexual messages to strangers on a voice chat app, inviting them to masturbate while talking. One of the people who received a message reported the client for obscenity through telecommunications media. The messages had been fired off as a thoughtless joke, and a sex offence conviction was now in prospect.
Voice chat appSexual messagesObscenity chargeSex offence record
Indictment suspended (기소유예)Criminal
This image is for illustrative purposes and is not a photo of an actual case.
Suspension of indictment
When the police investigate a suspect and determine there is suspicion, they send the case to the prosecution.
The prosecutor who receives the case decides whether to indict after supplementary investigation, and among the types of non-prosecution decisions is 'suspension of indictment'.
'Suspension of indictment' is a decision not to prosecute even though the charges are recognized, because punishment is deemed unnecessary in consideration of the suspect's age, character, intelligence and environment, relationship with the victim, motive for the crime, means and result of the crime, and circumstances after the crime.
If a suspension of indictment decision is made, the criminal procedure against the suspect is terminated, and it does not remain on the criminal record, so it is a very favorable decision for the suspect.
Recently, there was a case where lawyer Joo Youngjae obtained a suspension of indictment in a case of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communication media). I will introduce this case.
Facts
In June 2021, the client (the suspect) used a voice chat app called 'Voice Talk' to send obscene messages such as "Let's masturbate while talking to me" to an unspecified number of people. One of the users who received the message filed a criminal complaint against the client for obscenity using communication media.
Facing criminal punishment for a message sent as a thoughtless joke, the client urgently requested help from lawyer Joo Youngjae.
Assistance of lawyer Joo Youngjae
Since the client admitted to sending the message with the purpose of arousing or satisfying sexual desire, lawyer Joo Youngjae, as a strategy to obtain a suspension of indictment, contacted the complainant to attempt a settlement and collected favorable mitigating circumstances for the client.
In the end, lawyer Joo Youngjae succeeded in reaching a settlement with the complainant for a small amount, and the complainant submitted a withdrawal of the complaint and a statement of no desire for punishment to the investigative agency. Separately, lawyer Joo Youngjae submitted an opinion letter along with the suspect's letter of reflection and a certificate of completion of sex crime prevention education, arguing that there was no possibility of recidivism.
Decision of the investigative agency
In the end, the prosecutor accepted lawyer Joo Youngjae's arguments, determined that punishment of the client was unnecessary, and issued a decision to suspend indictment conditionally on education.
As a result of the decision, the client avoided being labeled a sex offender and was completely free from civil and criminal liability.
Before you read
The results shown here depend on the facts and evidence of each case and the laws in force at the time. Every case is different, so the outcome of one case does not predict or guarantee the outcome of another. This page is not legal advice. For your own case, please confirm through a consultation.
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