Obscenity using telecommunications media, body photographs sent on a chat app

1. Overview of the case

Client A (a man in his 30s) sent photographs of his body and the like to a person he had met through a smartphone chat application, due to a momentary lapse in judgment. The other party then filed a complaint against A for violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (obscenity using a communication medium), and A came to be investigated by the police.

A came to attorney Joo Youngjae in great fear that a single mistake could make him a person with a sexual offence record.

2. Features of this case

Obscenity using a communication medium is an offence that is established when a person, for the purpose of arousing or satisfying their own or another person's sexual desire, causes words, sounds, writing, pictures, images or objects that arouse sexual shame or disgust to reach the other party through a communication medium. With the recent spread of digital devices, related offences are increasing sharply, and even for a first offender, if the charge is found, it is a serious offence that can bring not only a criminal punishment of a fine or heavier but also registration of personal information as a sex offender.

Because client A in this case admitted all the facts of the charge and was deeply reflecting, the most important thing was to seek the victim's forgiveness through an amicable settlement, and to effectively assert various sentencing factors to the investigating authority in order to bring about a suspension of indictment.

3. Attorney Joo Youngjae's assistance

A swift and amicable settlement with the victim

As soon as he took the case, attorney Joo Youngjae conveyed a sincere apology to the victim on the client's behalf, and actively pursued a settlement to provide real reparation for the victim's psychological suffering. As a result, he reached an amicable settlement with the victim and was able to obtain from the victim a written statement of withdrawal of the complaint and of intent not to seek punishment.

Systematic preparation of sentencing materials and submission of a defence counsel opinion

Attorney Joo Youngjae systematically organized the circumstances favourable to the client, and together with objective materials supporting them, prepared and submitted a defence counsel opinion to the investigating authority.

4. Outcome of the case

The prosecution actively took into account the contents of the opinion submitted by attorney Joo Youngjae, recognized that the client had reached an amicable settlement with the victim, that the client was deeply reflecting, and that the risk of reoffending was low, and issued a decision of suspension of indictment conditional on completion of education.

With this, client A was able to escape the crisis of becoming a person with a sexual offence record because of a single mistake and return to a peaceful everyday life.

5. Closing remarks

Obscenity using a communication medium is easy to commit while thinking lightly of it, but the legal responsibility that follows is never light. Even where the charge is clear, the key to obtaining the best outcome, such as a suspension of indictment, is to receive attorney Joo Youngjae's professional assistance from the early stage of the case, sincerely apologize to the victim and bring about a settlement, while actively finding the sentencing factors favourable to oneself and persuading the investigating authority. If you are facing similar difficulties, please do not hesitate to consult a legal expert and overcome the crisis.