CONTENTS
- 1. Obscenity via Telecommunication Media | Concept
- 2. Obscenity via Telecommunication Media | Severity of Punishment
- 3. Obscenity via Telecommunication Media | Representative Types
- - Major Case Law Trends
- - Legal and Practical Significance
- 4. Obscenity via Telecommunication Media | How to Respond
- - If You Are the Accused in an Obscenity via Telecommunication Media Case
- - If You Are the Victim in an Obscenity via Telecommunication Media Case
- 5. Obscenity via Telecommunication Media | Key Points in Practical Defense
1. Obscenity via Telecommunication Media | Concept
Obscenity via telecommunication media is an offense in which a person, for the purpose of arousing or satisfying their own or another person's sexual desire, transmits to another person words, images, videos, or the like that cause sexual shame or revulsion, using a telecommunication medium.
Here, telecommunication media refers to the telephone, mail, computers, and the like, and obscenity via telecommunication media is established even where sounds, objects, or the like, in addition to words, images, and videos, are made to reach the other party.
It is established even where obscene content such as text is transmitted through a one-on-one chat room, and where it is distributed to multiple persons, it becomes subject to aggravated punishment as a violation of the Network Act.
Even without direct physical contact, because it infringes another person's right of sexual self-determination and personal rights in a non-face-to-face manner, it is regarded as a sex crime and is also classified as a type of digital crime.
2. Obscenity via Telecommunication Media | Severity of Punishment
Obscenity via telecommunication media is punished under Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes.
A person who, for the purpose of arousing or satisfying their own or another person's sexual desire, causes words, sounds, text, images, videos, or objects that arouse sexual shame or revulsion to reach the other party through the telephone, mail, a computer, or any other telecommunication medium is subject to imprisonment for not more than 2 years or a fine not exceeding 20 million won.
In addition, if obscenity via telecommunication media is established and a sentence of a fine or heavier is imposed, security measures such as disclosure of personal information and employment restrictions may also be imposed.
3. Obscenity via Telecommunication Media | Representative Types
Obscenity via telecommunication media appears in various forms, and the main types are as follows.
1. Transmission of obscene text or voice messages
The act of transmitting obscene expressions, sexual insults, or the like through KakaoTalk, text messages, Instagram DMs, and the like.
2. Transmission of photographs of genitals or nude photographs
Cases of sending one's own nude photographs, photographs of genitals, or the like without the other party's consent.
3. Sharing of obscene videos
Cases of filming scenes of one's own masturbation, sexual acts, or the like and sending them to another person.
4. Arousing sexual shame by telephone
The act of making moaning sounds during a voice call or inducing sexual conversation so as to cause discomfort to the other party.
5. Transmission of mass obscene messages using a messenger bot
Cases of transmitting obscene messages to an unspecified number of persons using an automated program (bot)
Major Case Law Trends
We will examine the major case law trends regarding obscenity via telecommunication media.
▶A case indicted for using sexual profanity in game chat
The Supreme Court recently set a new standard for the elements of obscenity via telecommunication media.
The Supreme Court held, “The mere fact that something contains a sexual expression cannot in itself be taken to establish a ‘purpose of arousing or satisfying sexual desire.’ As a purpose-based offense, it is established only where the purpose is clearly recognized.”
In other words, it clarified that, to establish the offense of obscenity via telecommunication media, proof of purpose, rather than mere obscenity, is required. It was a case demonstrating that the offense may result in an acquittal if the prosecution fails to prove intent and purpose.
▶A case in which the expression “genitals” was used repeatedly in game chat
As it had arisen during an emotional dispute, it was found that there was no purpose of arousing sexual desire, and an acquittal was rendered.
▶A case of repeatedly making insulting remarks containing sexual profanity through a messenger
As the intent to belittle and attack the other party, rather than the purpose of sexual self-gratification, was central, an acquittal was rendered.
Legal and Practical Significance
The significance arising from recent rulings on obscenity via telecommunication media is as follows.
1. Stricter Application of the Elements as an Offense Requiring Intent
2. Greater Range of Defense Strategies for the Accused
-If it can be shown that the conduct was a momentary remark made in an emotional situation, the defense may argue the absence of any "purpose of sexual desire"
-The overall context of the conversation, the victim's reaction, and whether there was mutual exchange may be presented as evidence
3. Heightened Importance of the Victim's Evidentiary Showing
-A statement that one merely felt humiliated is not sufficient
-The likelihood of establishing the offense increases where repetition, specificity, and intent within the flow of the conversation can be identified
4. Stronger Legal Scrutiny of Conduct Within Social Networks
-Responsibility for expression in non-face-to-face environments such as social media, games, and messengers is examined more strictly
4. Obscenity via Telecommunication Media | How to Respond
We will examine how to respond to obscenity via telecommunication media from the perspectives of both the accused and the victim.
If You Are the Accused in an Obscenity via Telecommunication Media Case
1. Initial Response: Reviewing the Facts Before Giving a Statement
Before being questioned by the investigative authorities, you should determine precisely whether your conduct is subject to criminal punishment.
For example, if you were exchanging sexual jokes with the other party and were suddenly reported, it is necessary to record and preserve the content of the conversation, its context, and the other party's reactions.
2. Reviewing the Possibility of Settlement with the Victim
For a first-time offender or a minor matter, whether a settlement is reached has a significant effect on sentencing.
However, since an attitude of unconditionally "seeking leniency" can be disadvantageous, it is advisable to pursue a settlement strategically, regardless of whether the charge is admitted.
3. Preparing for the Possibility of Registration of Personal Information
If you receive a fine or heavier penalty for this offense, you may become subject to registration of personal information.
Because this can give rise to employment restrictions (at educational institutions, welfare facilities, and the like), you should aim for a finding of no charge or a suspension of indictment before prosecution.
▶Tips for Responding on Your Own
-You may exercise the right to remain silent when summoned by the police
-Statements should be organized in writing strictly on the basis of the facts
-Keep evidentiary materials (the complete conversation, photographs, videos, and the like) and prepare explanatory materials
-Prepare an explanation regarding whether "sexual humiliation was provoked" by considering the victim's reaction, the flow of the conversation, and other factors as a whole
If You Are the Victim in an Obscenity via Telecommunication Media Case
A victim of obscenity via telecommunication media may suffer significant humiliation and emotional distress in an unexpected situation.
Responding can become even more difficult when the offender is a colleague, a partner, or an acquaintance.
1. Securing Evidence
Text messages, photographs, videos, call recordings, and other materials that can prove the harm should not be deleted but preserved. It is advisable to store them in multiple places through screenshots, downloads of original files, email backups, and the like.
2. Filing a Complaint with the Police or the Prosecutors
Giving a statement centered on whether continued discomfort or humiliation occurred makes it easier for the investigative authorities to reach a legal determination.
Because the context of the conversation with the other party also matters, submitting the complete content of the conversation can be helpful.
3. Filing a Civil Claim for Damages
Apart from the criminal proceedings, a claim for consolation money for emotional harm is possible.
In particular, where the offender shows no remorse or avoids settlement, pursuing a civil action in parallel with the criminal complaint can be a practical response.
▶Tips for Responding on Your Own
-Securing evidence is the top priority (investigation becomes difficult once it is deleted)
-Submit the complaint in accordance with the prescribed form
-The circumstances of the harm should be stated specifically and in continuous sequence
-It is advisable to prepare a draft of your statement in advance, before being questioned by the investigative authorities
-Whether the offender's personal information is disclosed is a matter for the court to decide, but the victim's statement plays a central role
5. Obscenity via Telecommunication Media | Key Points in Practical Defense
We will examine the key points in the practical defense of obscenity via telecommunication media cases.
✅ Key Defense Points from the Accused's Perspective
1. Emphasizing the Absence of a "Purpose of Sexual Desire"
For obscenity via telecommunication media, the subjective element of "the purpose of arousing or satisfying sexual desire" must always be proven.
Even where the message or conversation in question contains sexual expression, the defense emphasizes that its intent was not the satisfaction of sexual desire but the venting of anger, the expression of emotion, or simple humor.
For example, the defense demonstrates through the objective flow of the conversation, the time of day, and the context that the conduct was profanity uttered during an argument or an emotional reaction to the other party's provocation.
2. Analyzing the Flow of the Mutual Conversation and Consent
If similar expressions were repeatedly and mutually exchanged in prior conversations with the victim, one may argue that "the conduct was perceived as ordinary conversation rather than as something intended to provoke humiliation."
The defense highlights that the exchange was an intimate conversation rather than obscene or offensive, drawing on the victim's active responses, jokes, emoticons, and the ensuing tone of the conversation.
3. Emphasizing the Absence of Repetition or Premeditation
By pointing to a one-time transmission, an accidental situation, a state of intoxication, and the like, the defense proves that the act was not premeditated.
One may request leniency on the ground that there was no habitual pattern and that the incident occurred by chance.
4. First Offense, Remorse, and Settlement Efforts
Because obscenity via telecommunication media is an offense that imposes punishment while focusing on the possibility of correction, the likelihood of leniency is relatively high for a first-time offender.
Apologizing to the victim and documenting efforts to reach a settlement, completing voluntary sexual-violence prevention education, and writing a sincere letter of reflection increase the chances of avoiding a custodial sentence.
✅ Key Defense Points from the Victim's Perspective
1. Securing Circumstances That Clearly Show a "Purpose of Sexual Desire"
An assertion that one merely felt humiliated is not sufficient; it must be proven that the content of the offender's messages bore a clear sexual purpose.
2. Emphasizing the Victim's Express Refusal
If the offender ignored or repeated the conduct even though the victim expressed discomfort, humiliation, fear, or the like, this becomes key evidence reinforcing intent and purpose.
3. Proving Repetition and Persistence
Although obscenity via telecommunication media can be established by a single transmission, repeated transmissions are a factor that increases the likelihood of punishment.
Circumstances such as sending several messages of similar content within the same time period, or messages persistently demanding particular conduct, can serve as evidence leading to a severe penalty.
4. Confirming the Existence of Other Victims (Expansion of Similar Harm)
If the offender repeated the same conduct toward an unspecified number of people in a particular community, messenger, or social media platform, this is helpful in proving clear purpose and a habitual pattern.
Securing additional victim testimony, screenshots, and the like and attaching them to the complaint can lead to a prompt and forceful investigation.
5. Demonstrating the Risk of Secondary Harm and Urging Recovery of the Harm
If the offender causes secondary harm through threats, inducement, or defamation after the incident, this becomes a factor raising the level of punishment.
When giving a statement to the police or the prosecutors, you should clearly state that the impact went beyond simple harm to include "psychological distress and difficulty in social life," which is advantageous not only for criminal punishment but also for a claim for damages.
Obscenity via telecommunication media is a sensitive offense in which the mere transmission of a message can lead directly to criminal punishment, and a misstep in responding can result in serious consequences such as registration of personal information, social stigma, and criminal punishment.
Conversely, those who suffer unjust harm may fail to receive proper protection if they do not follow the correct procedures.
This firm provides comprehensive legal services through a dedicated team of attorneys experienced in sex crime cases, covering analysis of the conversation context and evidence, preparation of the complaint, cooperation with the investigation, and claims for damages.
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