Case Resulting in Deferred Prosecution Conditioned on Completion of an Educational Program for Obscene Acts Through Communications Media

The Client came under investigation on suspicion of sending messages through social media that contained inappropriate sexual expressions.

A case involving obscene acts through communications media may arise even without direct physical contact if words or written content capable of causing the recipient sexual shame or disgust are transmitted through a telephone, text message, social media, chat service, or other communications medium.

In this matter as well, the content of the messages and the circumstances under which they were sent were subject to review by the investigative authorities. Even where the alleged facts may be found to constitute an offense, the circumstances of the conduct, whether it was repeated, the victim’s wishes, whether the accused was a first-time offender, the accused’s attitude of remorse, and the likelihood of recidivism may all be considered at the disposition stage. Accordingly, it was important to organize the relevant circumstances at the initial stage.

01
Whether the sexual expressions transmitted through a communications medium constituted an offense
02
Whether the conduct was repeated and the possibility of additional harm
03
Settlement with the victim and whether the victim wished for punishment
04
Whether the accused was a first-time offender and the likelihood of preventing recidivism

MEGA X organized the facts and legal issues of the case separately. We examined the facts with a focus on factors that could be considered at the disposition stage, including the circumstances of the incident, the victim’s wishes, the Client’s prior record, and the Client’s attitude of remorse.

We also organized the principal factors that the investigative authorities were required to consider regarding whether the alleged offense had been established and whether a disposition was necessary, and presented circumstances favorable to the Client together with supporting materials.

In the process, we submitted a written opinion so that the settlement and whether the victim wished for punishment, the Client’s first-offender status, the Client’s attitude of remorse, and the possibility of completing recidivism-prevention education could be comprehensively considered.

Deferred Prosecution Conditioned on Completion of an Educational Program