Obscenity using telecommunications media, online game
While playing an online game the client sent another player a message asking to be watched masturbating. The other player refused clearly, the client kept sending sexual messages anyway, and the player reported the client for obscenity through telecommunications media. The client was job hunting at the time, and a sex offence record would have shut them out of the work they were applying for.
Online gameSexual messagesObscenity chargeJob huntingSex 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 that there are grounds for suspicion, they send the case to the prosecution.
Upon receiving the case, the prosecutor decides whether to prosecute, and among the non-indictment decisions is a 'suspension of indictment.'
A 'suspension of indictment' is a decision not to bring a charge when the suspected facts are recognized, but considering the suspect's age, conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime, and circumstances after the crime, punishment is deemed unnecessary.
When a suspension of indictment is decided, the criminal proceedings against the suspect are terminated and do not appear on the criminal record, so it is a very favorable decision for the suspect.
Recently, attorney Joo Youngjae represented a defendant in a case involving the violation of the Special Act on the Punishment of Sexual Crimes (obscene acts using communication media), and we will present the case where a suspension of indictment was obtained.
Facts of the case
The client (suspect) sent a message to the complainant, whom he had been playing with in the online game 'Crazy Arcade,' around June 2021, using the in-game messenger, asking, 'Would you watch me masturbate?'
The complainant clearly expressed her refusal, but the client continued to send obscene messages to her, and eventually the complainant filed a complaint against the client for violation of the Special Act on the Punishment of Sexual Crimes (obscene acts using communication media).
The client, who was preparing for employment, judged that being punished for a sexual crime would greatly harm his job prospects, so he urgently sought help from attorney Joo Youngjae.
Response of attorney Joo Youngjae
Since reaching a settlement with the victim is most important to obtain a suspension of indictment, attorney Joo Youngjae immediately attempted to settle with the victim's side and succeeded with a small amount.
Thereafter, attorney Joo Youngjae submitted the settlement agreement to the investigative agency and argued that the client had no prior criminal record, sincerely repented, had a low risk of reoffending, and had lived diligently, including doing volunteer work regularly and receiving scholarships on multiple occasions, and expressed the opinion that punishment was unnecessary.
The investigative agency's decision
In the end, the prosecutor accepted attorney Joo Youngjae's arguments, determined that punishment was unnecessary, and issued a decision to suspend indictment on condition of attending education.
As a result, the client avoided the stigma of being a sex offender and did not suffer any disadvantage in employment.
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.
If your situation is similar, ask by phone.
I will listen to your situation and tell you what to do first. Consultations are available in Korean and English.