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Legal Intellectual

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Q

What evidence must I gather to file a complaint for obscenity via telecommunication media?

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A person I came to know through an acquaintance keeps sending me messages demanding sexual acts. Although no actual harm has occurred yet, can I file a complaint against this conduct itself? I would also like to know what procedures and evidence are required to file a complaint for obscenity via telecommunication media.

Complaint for obscenity via telecommunication media

A

Answer to Related Inquiry

The situation you have described may constitute an obscene act committed through a telecommunication medium, that is, the offense of obscenity via telecommunication media, and a complaint for obscenity via telecommunication media may be filed under the Act on Special Cases concerning the Punishment of Sexual Crimes.


The offense of obscenity via telecommunication media refers to the act of conveying to another person, through means of communication such as telephone, text message, SNS, or email, any words, writing, photographs, or videos that arouse or satisfy one's own or another person's sexual desire and that cause the other person to feel sexual shame or disgust.

Therefore, even if no actual sexual harm or physical contact has occurred, a complaint for obscenity via telecommunication media may be filed based solely on the transmission of obscene messages, photographs, or videos for a sexual purpose.


When filing a complaint, it is very important to secure specific evidence, such as the messages sent by the other party, call logs, chat screen captures, and copies of the transmitted obscene material.

If the evidence is clearly secured and the charge of obscenity via telecommunication media is established, the offender may be subject to imprisonment for not more than 2 years or a fine of not more than 20 million won (Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes).


In this process, gathering evidence and preparing and submitting the complaint, among other procedures, can be carried out more safely and accurately with the help of an experienced attorney.


Because prompt reporting and a systematic response are key to preventing further harm in a complaint for obscenity via telecommunication media, it is advisable to proceed with the assistance of a professional.

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