Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes (Distribution of False Videos), Deferred Prosecution Subject to Completion of an Educational Program

The Client came under investigation on suspicion of viewing a false video of an unidentified individual through social media and disseminating it to another person.

A case involving a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes (Distribution, etc. of False Videos) may present legal issues merely based on the act of viewing and disseminating such material through social media or other telecommunications media.

In this matter as well, the investigative authorities reviewed the Client’s conduct of merely viewing a false video through social media and disseminating it to another person. Even where the alleged facts may be established, factors such as the circumstances surrounding 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 possibility of preventing recidivism may be considered at the disposition stage. Accordingly, it was important to organize the relevant circumstances at the initial stage.

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1. Whether merely viewing a false video through telecommunications media or otherwise constitutes a legal issue
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2. Repetitive conduct and the possibility of additional harm
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3. Whether the false video was directly produced
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4. Whether the accused was a first-time offender and the possibility of preventing recidivism

MEGA X distinguished and organized the factual circumstances and legal issues. We examined the facts, focusing on factors that could be considered at the disposition stage, including the circumstances of the case, the Client’s prior record and attitude of remorse, and the severity of the conduct.

We also organized the principal factors that the investigative authorities should consider regarding whether the alleged offense was established and whether a disposition was necessary, and presented circumstances that could be considered favorably for the Client together with supporting materials.

In this process, we submitted an opinion so that the Client’s status as a first-time offender, sincere remorse, reputation, and ability to complete recidivism-prevention education could be comprehensively considered.

Deferred Prosecution Subject to Completion of an Educational Program