01. Investigation procedures

Investigation refers to the activities carried out by investigative agencies (police, prosecutors) to determine whether or not charges are filed in criminal cases filed through complaint, accusation, surrender, recognition, etc. In this process, the investigative agency prepares the suspect's interrogation record and witness statement record, collects evidence such as materials in the form of random submission or compulsory investigation such as seizure and search, and decides whether to arrest and indict the criminal. I will do it.

02. Investigation conclusion

Depending on the results of the investigation, the prosecutor either files an indictment and proceeds with the trial process (indictment) or concludes the investigation by disposing of non-indictment. The prosecution proceeds with a trial proceeding by arrest or indictment without detention (old trial), request for summary order, or non-indictment. The case investigation is concluded with (no charges, no right to indict, suspended indictment, suspension of indictment, etc.).

03. Judgment procedure

If the prosecutor indicts, or the court refers the request for summary order to a regular trial or makes a summary order, and the defendant disobeys the summary order, a formal trial will proceed. If the defendant denies the indictment on the trial date, an examination of evidence is conducted. If the defendant admits the indictment, the evidence is briefly examined through a simplified trial procedure, the trial is concluded with final arguments, and the judgment is pronounced. goes through.

04. Sentence of judgment

When the court determines the defendant's guilt, innocence, and punishment on the sentencing date and pronounces the judgment, the judgment process is completed. The defendant or prosecutor who is dissatisfied with the judgment may appeal within one week from the date of sentencing, and the appeal court's judgment is dissatisfied. If so, you can appeal to the Supreme Court.

01. Internal investigation

An internal investigation is a pre-stage of a formal investigation and means a secret investigation into an issue before the investigative agency begins the investigation, and the person who is the subject of the internal investigation is called a suspect or person under investigation. However, an internal investigation is not required, and an investigation is generally initiated without an internal investigation.

02. Start of investigation

When an investigative agency officially resumes an investigation, it is called a booking for a charge. Investigative agencies, such as prosecutors or police, can initiate an investigation by receiving a complaint or accusation, or they can initiate an investigation by discovering a criminal in the act, or by becoming aware of the incident themselves by hearing rumors or seeing media articles. A person who is the subject of an investigation is called a ‘suspect.’

03. Police investigation

The investigation is usually conducted by the police, then the case is sent to the prosecutor's office, and the prosecutor makes a decision to close the investigation. In some cases, a prosecutorial investigation proceeds immediately without the police initiating an investigation. If the case is serious, the suspect has no residence, or there is a risk of destruction of evidence or flight, the investigative agency obtains an arrest warrant from the court and detains the suspect before conducting the investigation. Otherwise, the investigation is conducted without detention. The police summons the suspect and conducts an interrogation of the suspect. If the suspect is under arrest, the suspect is interrogated after placing the suspect in the interrogation room. Interrogation of the suspect is a very important evidence collection procedure, and statements made by the suspect in the interrogation of the suspect will be used in future trial proceedings. It can be used as evidence. Therefore, when a suspect receives notice of interrogation, it is also an important defense tool to seek assistance from a lawyer, discuss the matter thoroughly with the lawyer in advance, and have the lawyer participate during the interrogation. When a judicial police officer investigates a crime, if he or she is deemed to be suspected of a crime, he/she must forward the case to the prosecutor without delay and send relevant documents and evidence to the prosecutor. In other cases, relevant documents and evidence must be sent to the prosecutor without delay, along with a written statement specifying the reasons. In this case, the prosecutor must return it to the judicial police officer within 90 days from the date of receipt’ (Article 245-5 of the Criminal Procedure Act). At this stage, if the police is of the opinion not to indict the case (no charges), they decide not to forward the case (decision not to forward the case) and conclude the investigation.

Once the investigation is complete, the prosecutor decides whether to charge the suspect. An indictment refers to a prosecutor's application to the court for punishment of a suspect, which includes the old trial (request for trial) and the old formality (request for summary order). When the suspect is indicted, criminal litigation procedures, that is, trial procedures, begin, and the trial begins. They are called “defendants” in the sense that they are the ones receiving punishment. In principle, the prosecutor indicts the suspect if the suspicion of a crime is acknowledged as a result of the investigation. However, even if the suspicion of a crime is acknowledged, the prosecutor will take into account the motive and means of the crime, the degree of damage, whether recovery or compensation for damages has been achieved, and whether or not the suspect has a criminal record. A decision not to indict the suspect (suspended prosecution) may be taken. If the suspicion of a crime is not recognized as a result of the investigation, “no charge (not guilty)”; if the alleged facts alone do not establish the crime, “not guilty”; if there is no right to prosecution, such as when the statute of limitations has expired, “no right to prosecute” For this reason, a 'disposition of non-indictment' is made, and the investigation is concluded.

01. The crime of fraud

The crime of fraud refers to a crime that is committed by defrauding a person of property, obtaining illegal property profits, or causing a third party to acquire them. Since a person's property is a protected legal interest, there is only the fact that the person was deceived, or there is no evidence other than the property. This does not apply if your interests are infringed.

02. Elements of fraud

In order to establish a crime of fraud, the elements required are deceptive acts, acts of disposition, property damage to the victim, intentionality, and intent to obtain illegal property.

1. Deceptive behavior

• It is an act of deceiving people and leading them into a mistake; active, passive, explicit and implicit acts are all acts of deception.

2. Property damage

• If property is given through deception, this in itself constitutes infringement on the victim's property. Regarding the need for such property damage, common opinion and precedent follow the theory of unnecessary, that is, fraud is committed even if a considerable price has been paid for the delivery of property or even if there is no damage to the victim's entire property.

3. Illegal acquisition intent

• It refers to the will to acquire someone else's property as one's own.

4. Intention

• It refers to the intention to ‘misappropriate’ someone else’s property as one’s own.

03. If you are a suspect

There are many cases where people are involved in fraud simply because they borrowed money and did not repay it. However, if there was an intention to commit fraud at the time of borrowing, the person should be punished for fraud, but if not, it is just a default.

04. If you are a victim

Fraud charges are often acquitted due to insufficient evidence. Therefore, you must collect sufficient evidence and receive assistance from a lawyer from the stage of writing a complaint to avoid making unfavorable statements and logically and consistently assert your damages.

01. The crime of embezzlement

is a crime that is committed when a person who keeps another person's property embezzles it or refuses to return it, and the protected legal interest is ownership, so the crime of embezzlement and the crime of breach of trust have the same nature in that they betray another person's relationship of trust, but the crime of embezzlement involves property damage. While it is a crime, breach of trust is different in that it is a crime of profit.

02. Elements of embezzlement 1. A person who stores other people’s property

• A person who keeps another person's property is limited to what is in accordance with the entrusted duty. Therefore, the consignment relationship must be legally established. If it is established illegally, it is not a crime of embezzlement, but it is not necessarily limited to what was delegated by contract, etc. , It is a status offense because this status is required.

2. Storage

• It does not only mean actual control of property, but de facto and legal control is sufficient.

3. Illegal acquisition intention

• In order to commit the crime of embezzlement, there must be an intention to take another person's property as one's own.

4. Types of embezzlement

Simple embezzlement

It is established when a person who keeps another person's property embezzles it or refuses to return it.

Embezzlement in violation of duty

It is established when a person who keeps another person's property violates his/her duties and embezzles the property or refuses to return it.

The crime of embezzlement of stolen property

This occurs when embezzling property or buried goods that have left someone else's possession, such as lost property or flotsam.

01 A crime of breach of trust

is a crime in which a person who handles another person's affairs violates his/her duties and acquires property profits or causes damage to the principal by causing a third party to acquire the profits. It is also a crime of embezzlement in that it betrays the trust of another person. Although they have the same nature, the crime of embezzlement is a property crime, while the crime of breach of trust is a crime of gain.

1. A person who handles other people’s affairs

• This refers to a person who has the obligation to handle delegated affairs in accordance with the principles of good faith based on an internal trust relationship with another person. In other words, you are not required to be a status offender as a person handling other people's affairs, nor are you required to have legal authority such as the right of representation externally.

2. Other people’s affairs

• It refers to the obligation to protect and manage the property of others, and is limited to property affairs, and the basis for handling such affairs may be laws, contracts, or customs.

3. Types of breach of trust

• Simple breach of trust In order to commit the crime of embezzlement, there must be an intention to take another person's property as one's own.
• Criminal breach of duty This constitutes an act of acquiring or causing a third party to acquire property interests in violation of one's work duties.
• Receiving property by breach of trust This constitutes an act in which a person who handles the affairs of another person receives property or property benefits in connection with his/her duties and receives property or property benefits, or donates the property or property benefits.

01. Criminal disposition

• Special injuries (Article 258-2 of the Criminal Act) Article 257 (Injury, sustaining injury) In case of paragraph 1 or 2: Imprisonment of not less than 1 year but not more than 10 years
  Article 258 (Serious injury, serious injury to an existing person): Imprisonment of not less than 2 years but not more than 20 years
• Special assault (Article 261 of the Criminal Act) Article 260 (Assault, assault on a relative) In case of paragraph 1 or 2: Imprisonment for up to 5 years or a fine not exceeding 10 million won
• Special threats (Article 284 of the Criminal Act) Article 283 (Threats, threat to existence) In case of paragraph 1 or 2: Imprisonment of up to 7 years or fine of up to 10 million won
• Special damage (Article 369 of the Criminal Act) Article 366 (Damage of property, etc.): Imprisonment for up to 5 years or a fine not exceeding 10 million won
  Article 367 (Destruction of buildings of public interest): Sentenced imprisonment for not less than one year or a fine not exceeding 20 million won

02. Administrative action

• administrative action
  When booked as a criminal, 100 demerit points are imposed and driver's license is suspended for 100 days. Upon arrest, driver's license will be revoked and 1 year of disqualification will be imposed.

03. Distinction from reckless driving

• Distinction from reckless driving
  Starting from a minor dispute on the road, it is any act that intentionally uses a car, etc. to threaten or cause fear in the other person. It is applicable if there is injury, assault, intimidation, or damage even if it is a single act, and it is intended to threaten a specific person. It is different from reckless driving in that it is committed.

Reckless driving

• If two or more of the following nine acts are committed in succession, or one act is continued or repeated to pose a threat or harm to others or create a traffic hazard, it is considered reckless driving. This is considered reckless driving in accordance with Article 46, Paragraph 3 of the Road Traffic Act. It is forbidden.

1. reckless driving

• Violation of signals or instructions
  center line violation
  speeding violation
  Violation of crossing, U-turn, and reverse bans
  Failure to secure safe distance, violation of prohibition on changing course, violation of prohibition on sudden braking
  Violation of overtaking method or prohibition on overtaking
  affection
  Noise generation without cause
  Violation of passing laws on the highway
  Violation of crossing, U-turn, and reverse bans on highways and automobile-only roads

2. Punishment for violations

• criminal disposition
  Imprisonment of up to 1 year or a fine of up to 5 million won
  administrative action
  When booked as a criminal, 40 demerit points are imposed and driver's license is suspended for 40 days. Upon arrest, driver's license will be revoked and 1 year of disqualification will be imposed.

3. Distinction from retaliatory driving

• Distinction from retaliatory driving Specific violations must be repeated or continued, and the risk is higher than individual violations. In addition, there is no purpose of retaliation, threat or harm, or intent to cause an accident, but the act causes threat or harm to an unspecified person or the risk of a traffic accident.

02. Forced molestation (quasi-forced molestation) What is forced harassment?

It refers to an act of physical contact that causes sexual shame or disgust toward a person through assault or intimidation. Since forcible molestation is regardless of subject or object, a woman can be the sole perpetrator of the original crime, and a man can also be the object of forcible molestation. In other words, even in the case of same-sex harassment, this crime is committed. As with rape, forcible molestation, when it targets a person under the age of 13, has provisions for specially aggravated punishment for the offender. It can be said to be a more comprehensive form of crime than the elements of rape. On the other hand, unlike rape, forced molestation may be considered less illegal than rape because there is no sexual intercourse against one's will (adultery). It can be said to be a serious crime that violates the victim's freedom of sexual decision. Previously, it was a crime of pro-reporting, but since the regulation was abolished in June 2013, punishment can now be punished without a complaint from the victim. If an indecent assault is committed by taking advantage of a person's loss of heart or inability to resist, it is included in quasi-forcible indecent assault.

1. If you are a victim

• Although forcible sexual assault is a serious crime, it is often thought to be less serious than rape. It is important for the injured party to file a complaint to prevent a single mistake from leading to a larger crime. However, if sufficient proof is not provided after filing a complaint, you may be punished for making a false accusation even though you are the victim, so active action is needed. It is a good idea to obtain the assistance of a professional lawyer who can handle the matter professionally and receive sufficient compensation.

2. If you are a suspect

• If you are a suspect in a forcible molestation case, you may be investigated as a perpetrator if there is a result of physical contact against the victim's will. Sexual crimes such as forced harassment are crimes that clearly require severe punishment, so if an actual offense has been committed, they should be punished appropriately. If you receive an excessive sentence or are falsely accused, you must make efforts to prevent even one person from being wronged. To this end, the selection of a dedicated attorney is very important.

03. Act on Sexual Protection of Children and Juveniles

"Act on Sexual Protection of Children and Juveniles" protects children and adolescents from sexual crimes and is a law to help children and adolescents grow as healthy members of society. The main targets of protection under the Child Care Act are children and elementary school students under the age of 13, teenagers between the ages of 13 and under 19, and middle and high school students. Sexual crimes and personal attacks against children and adolescents will result in punishment close to severe punishment for the perpetrator and the parties involved. In addition, there are regulations to punish acts such as purchasing or procuring sex from children or adolescents and producing or distributing pornography using children or adolescents. Once the sentence is confirmed, the criminal's identity will be made public. Even if expressions that can be perceived as children or adolescents appear and express sexual acts, they are also subject to regulation. Although they are actual adults, they wear school uniforms and engage in sexual activity. If the person depicted in the video is depicted as a teenager, it may fall under <pornography for children and adolescents>. You can also be punished if you create and upload the video and have it downloaded by an unspecified number of people, or if you download the video and possess it.

1. If you are a victim

• Becoming a victim of a crime during the childhood and teenage years when children and adolescents should grow up exposed to only beautiful things can be a life-long trauma and an indescribable pain. On the other hand, the criminal may repeat the act again and create a third victim. To prevent this, filing a complaint is essential. From the writing of the complaint to the investigation stage, criminals who deserve to be punished should receive assistance from a lawyer on what to say and what not to say, so that they are not indicted or acquitted.

2. If you are a suspect

• As this is a field of law where there is a lot of talk and a lot of trouble, it is easy to find yourself being accused of subterfuge in places where you did not intend to do so. If you are a suspect, you must consult with a lawyer to properly understand and state the case so that you can receive a non-indictment from the prosecutor. If you commit a crime, even if you are punished, you must ensure that your human rights are violated at the investigation stage and that your right to defense is thoroughly protected at the trial stage.

04. Sexual assault between relatives

What is sexual assault between relatives? Article 5 of the Special Act on Punishment of Sexual Crimes, etc. stipulates rape due to kinship. If a relative rapes another person through violence or intimidation, he or she will be sentenced to imprisonment for a limited period of 7 years or more, and in the case of forcible molestation, he or she will be punished to imprisonment for a fixed period of 5 years or more. The scope of relatives is blood relatives or in-laws within the 4th degree or relatives who live together. It also includes relatives by de facto relationship. This kind of sexual assault between relatives is also recognized as sexual assault between spouses. The reason why these sex crimes between relatives carry heavier sentences than existing rape and forcible molestation is because we take into account the fact that sex crimes against relatives are very serious and cause lifelong psychological shock and pain to family members. because of. Things that were thought to never happen in the past are happening all too easily these days, and the trend is gradually increasing, making it even more problematic. In particular, most victims of sexual assault between relatives are unable to show their victims and are not revealed to the public. Conversely, there are also cases where false reports and lawsuits are filed, which requires active response from everyone.

1. If you are a victim

• If the perpetrator is very close to you, or if you endure the damage while thinking about the pain that other family members will suffer, it will only cause you to suffer more. Even if the victim tells the family, the family may want the victim to keep quiet in order to hide their own shame. Instead of suffering any longer, you should file a complaint. The person who is causing you pain does not consider you family. Ease that pain by consulting with a lawyer right now.

2. If you are a suspect

• If you are involved in a false report or lawsuit due to any misunderstanding and are subject to heavy punishment, you will not only be separated from your family, but it will be difficult to avoid criticism from the world. In this case, you must consult with a lawyer to properly recognize and state the case so that a non-indictment can be obtained. If you have committed a mistake, even if you receive a reasonable punishment, it is recommended that you resolve the matter reasonably through a lawyer to prevent human rights violations during the investigation stage and ensure that your right to defense is thoroughly protected at the trial stage.

05. Sexual harassment in public crowded places

What is public crowded place harassment? Among sexual crimes, one of the most common is sexual assault in a crowded public place. Since this is a crime that takes advantage of the characteristics of a crowded space, it is difficult to determine who the suspect is in a large crowd. It is one of the crimes that appears more frequently than other incidents.

In the case of Sexual harassment in public crowded places

In case of Sexual harassment in public crowded places, sexual crimes often occur due to the situational characteristics of passengers unintentionally coming into close contact with each other in tight spaces as passengers flock to and from work. In addition to this, harassment in crowded public places such as clubs, saunas, and plazas can occur at any time, and conversely, this means that you can end up in an unfair situation at any time. In the case of molestation in a crowded public place, the presence or absence of intentionality is the most important content of the case, and it is important to reveal whether intentionality was present or not from the beginning. The crime of harassment in a crowded public place is punishable by up to one year in prison or a fine of up to 3 million won. Because this can easily happen, a system called security disposition is being implemented to prevent repeat crimes. In the case of this security measure, if the penalty is a fine or higher, the entire public can view the suspect's information through personal information disclosure for a long period of 30 years. Employment will be restricted for 10 years and visa issuance for some countries will become impossible.

1. If you are a victim

• Many people refrain from filing complaints because they believe that the damage is relatively small compared to other sexual crimes. However, after a day or two of not being able to sleep due to shame, there will already be no way to prove the damage, and this will remain as a trauma. In addition, as there is a risk that the offender will easily become a victim, it is necessary to work with a professional attorney to write a complaint and secure evidence. It is wise to provide punishment and sufficient compensation to heal oneself and prevent recidivism.

2. If you are a suspect

• In the case of molestation in a crowded public place, when caught, they explain that they only touched the body because there were a lot of people, but it is not easy to deny the charge because it relies on the victim's statement. It is important to reveal that there was no intention from the beginning, and if the statements keep changing in an embarrassing situation, even aggravated punishment can occur. Therefore, with the help of a lawyer who specializes in sex crimes, you can obtain acquittal or deferred prosecution by collecting evidence from the beginning. We must be consistent with logical responses.

06. Crime of taking pictures using a camera, etc.

What is public crowded place harassment? Among sexual crimes, one of the most common is sexual assault in a crowded public place. Since this is a crime that takes advantage of the characteristics of a crowded space, it is difficult to determine who the suspect is in a large crowd. It is one of the crimes that appears more frequently than other incidents.

In the case of Sexual harassment in public crowded places

In case of Sexual harassment in public crowded places, sexual crimes often occur due to the situational characteristics of passengers unintentionally coming into close contact with each other in tight spaces as passengers flock to and from work. In addition to this, harassment in crowded public places such as clubs, saunas, and plazas can occur at any time, and conversely, this means that you can end up in an unfair situation at any time. In the case of molestation in a crowded public place, the presence or absence of intentionality is the most important content of the case, and it is important to reveal whether intentionality was present or not from the beginning. The crime of harassment in a crowded public place is punishable by up to one year in prison or a fine of up to 3 million won. Because this can easily happen, a system called security disposition is being implemented to prevent repeat crimes. In the case of this security measure, if the penalty is a fine or higher, the entire public can view the suspect's information through personal information disclosure for a long period of 30 years. Employment will be restricted for 10 years and visa issuance for some countries will become impossible.

1. If you are a victim

• Regardless of one's will, one's body is circulated on the Internet, and once the video is spread, it causes scars on the victim that will be difficult to erase for the rest of their life. However, due to the crime committed by the perpetrator, it also becomes a sexual object that anyone can easily access. Quick action can be taken to prevent further damage. Appropriate punishment must be imposed on the perpetrator through consultation with a legal expert. Depending on how you “initially respond” to an incident, you can get completely different results.

2. If you are a suspect

• There are many cases where footage stored in a mechanical device serves as evidence, making it impossible to deny one's guilt. In addition, agreement serves as an important factor in lowering one's sentence, but in most cases, the other person involved in the filming is a stranger, so there are many cases where agreement cannot be reached. That is why you need to consult with a lawyer to get through this difficult situation. If you fight alone without the help of a legal expert, you will make the mistake of turning an easily preventable misfortune into an unbearable misfortune.

Sex crime litigation process 1. Rape (quasi-rape)

• If the victim decides to file a complaint, criminal proceedings begin. Even if the victim does not know what type of crime it was, the complaint is completed if he or she discloses the facts of the harm suffered and appeals for punishment. The important thing from this stage is that if you cannot distinguish between what should and should not be written in the complaint, the prosecutor will decide whether to indict or not indict. The charges will be acquitted due to insufficient evidence or lack of evidence. It is imperative to respond early to ensure a favorable ruling by consulting with a legal expert.

2. Investigation begins

• When an investigation begins, the complainant and the suspect are summoned to conduct an investigation into the complainant and the suspect. A lawyer may be present at this time. If a suspect or a complainant is unable to distinguish between what they should not say and what they should say without a lawyer, the complainant will later receive news of the offender's non-indictment and be hurt once again. The suspect will advance to the trial stage after being indicted by the prosecutor. You must prepare for any disadvantages that may arise in the future with the help of a lawyer who is a legal expert.

3. Prosecutor’s indictment and non-indictment

• Once the investigation is complete, the case will be transferred to the prosecution. The prosecutor who receives the case will review the case and decide whether to indict or not indict. If the complainant fails to properly express the facts of his or her harm, he or she will be unable to avoid the prosecutor's decision not to indict at this stage and will be placed in an unfair situation. The suspect will also be involved in tremendous pain as he or she will have to proceed to the trial stage due to the prosecutor's decision to indict. It will. For this reason, it is wise for both the suspect/victim to seek help from a lawyer to resolve the problem without suffering.

4. Trial stage

• Once charges are filed, a very difficult battle begins for the defendant. Because the prosecution tries to prove guilt by attacking the defendant in any way possible, it is inconceivable for a non-expert defendant to fight alone against an expert prosecutor. That is why a lawyer with professional skills equivalent to that of a prosecutor is needed to protect the defendant's right to defense. Even at the trial stage, a competent lawyer can always turn the situation around. Please never give up. Registration and disclosure of personal information If a penalty greater than a fine is imposed for a sex crime and you receive an order from the court to disclose personal information, you must submit personal information to the police station with jurisdiction over the defendant's address within 30 days from the date of decision, and this information will be preserved for 20 years. For personal information, sex offender information is notified by mail to residents of the area where the person subject to disclosure resides. Name, age, photo, physical information, address on resident registration, actual residence, details of sexual offenses, and whether or not an electronic anklet is attached are listed.

02. Emotional abuse

• Offending a person through verbal abuse such as verbal abuse, ignoring, or insulting is also considered domestic violence. Even if you do not hit someone directly, threatening to hit them or throwing or breaking objects constitutes domestic violence.

03. Economic threats

• Failure to provide living expenses constitutes domestic violence. Arbitrarily disposing of property without consent or requiring a person to report their living expenses may also constitute domestic violence.

04. Sexual violence

• Behaviors that cause sexual shame or demands to have unwanted sex are considered domestic violence.

05. Neglect

• Treating someone with indifference or callousness or leaving them in a dangerous situation constitutes domestic violence.