Abuse of Authority and Obstruction of Exercise of Rights—No Suspicion of Criminality

MEGA X first reorganized the sequence of the investigation based on whether the offense of abuse of authority and obstruction of the exercise of rights, which was central to the case, had been established. We organized, by category, the timing of the notification of rights, the circumstances under which counsel participated, and the actual responses made during the investigation, and structured the written opinion to distinguish between a mere raising of an issue and an allegation of an actual restriction of rights.

With respect to the allegations of intimidation and insult also raised in the course of the complaint, we did not examine the statements at issue by isolating only portions of individual sentences. Instead, we reconstructed the preceding and subsequent context to clarify the flow of questions and answers in which the statements were made. Because the specificity of the notice of harm is important with respect to intimidation, while the circumstances and scope of dissemination of the statements are important with respect to insult, it was necessary to organize a rebuttal framework by separating the elements relevant to the determination of each allegation.

In addition, based on the materials submitted and the circumstances of the investigation, we organized, by constituent elements, the issues relating to the statements alleged together with the abuse of authority and obstruction of the exercise of rights. This work was significant because it enabled the case to be explained in accordance with the criteria actually applied by investigative authorities, rather than interpreted primarily through impressions or emotions.