[Suspension of Indictment Conditional on Completion of Education] Successful Case: Client Accused of Obscene Communication Offense Granted Conditional Suspension of Indictment

The client came under investigation for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (Obscene Acts Using Means of Communication) after allegedly posting comments on social media that could cause a specific victim to feel sexual humiliation and disgust.

Although the investigative authorities partially acknowledged the alleged facts of the offense, there were disputes regarding the circumstances and motive behind the conduct, as well as the seriousness of the case.

The client was a first-time offender and demonstrated significant mitigating factors, including deeply reflecting on the wrongdoing and pledging to prevent any recurrence.

01 Whether the Facts Constituting the Offense Were Admitted

02 Dispute Regarding the Seriousness of the Case

03 First-Time Offender, Expression of Remorse, and Commitment to Prevent Recurrence

MegaX Law Office developed an argument for leniency based on the fact that the client was a first-time offender, had cooperated sincerely with the investigation despite the unfavorable circumstances, and had made genuine efforts to prevent any recurrence.

In addition, by submitting written statements of remorse and petitions from the early stages of the case, MegaX demonstrated the client’s sincere reflection and remorse. MegaX also persuaded the investigative authorities that it would be appropriate to conclude the case on the condition that the client complete a sexual violence recidivism prevention education program.

As a result, the client was able to pursue an opportunity for rehabilitation within the community rather than being subjected solely to punitive measures.