What are the elements and the severity of punishment for obscenity via telecommunication media?

Even if you merely wrote a personal opinion as a comment, if its content is obscene and is in a state where the other party can actually perceive it, there is a possibility that it constitutes obscenity via telecommunication media.

Obscenity via telecommunication media is established when, for the purpose of arousing or satisfying sexual desire, a person causes words, sounds, writings, pictures, images, or objects that provoke sexual shame or disgust to reach the other party through various telecommunication media such as the telephone, mail, or a computer.

Here, the meaning of 'reaching' refers to the other party being placed in a state where they can directly encounter or perceive the obscene material.

For example, if you sent the other party a link containing obscene photographs or videos and thereby created a state in which they could immediately access the content without any particular restriction, this may be assessed as being no different from actually transmitting obscene content and may become subject to punishment.

The statutory severity of punishment for obscenity via telecommunication media is imprisonment for not more than two years or a fine not exceeding 20 million won under the Act on Special Cases concerning the Punishment of Sexual Crimes.

Even where you feel it is unfair, because the legal determination is made by comprehensively considering objective evidence and circumstances, it is necessary to obtain an accurate analysis of the situation and professional legal consultation.