The Crime of Obscenity via Telecommunication Media | A Case in Which a Client in a Telecommunication-Media Obscenity Sexual Offense Obtained a Suspension of Indictment

The client, who came to be investigated on a charge of the crime of obscenity via telecommunication media, was in the following situation.

The client came to exchange contact with the victim during the course of conducting a goods transaction on a secondhand trading platform.

At the time, the client sent the victim a message requesting photographs involving nudity or capable of being interpreted in a sexual sense, to the effect that he would send the victim some money.

The message had content capable of making the victim feel sexual humiliation, and taking issue with this, the victim filed a complaint against the client for the crime of obscenity via telecommunication media.

The client immediately acknowledged that his conduct had been inappropriate and reflected deeply, and in particular, as a public official, he was in a situation in which a criminal punishment could cause significant disadvantage in his occupation.

Accordingly, the client requested a consultation with an attorney specializing in sexual offenses for a prompt and systematic response from the early stage of the case.

In order for the client charged with the crime of obscenity via telecommunication media to obtain leniency, the following assistance was provided.

Taking into account the submitted statement of opinion, the settlement agreement, and the grounds for mitigation, the prosecution issued a ‘suspension of indictment’ disposition with respect to the charge of obscenity via telecommunication media.

As a result, the client was able to retain public official status and continue to perform official duties without disruption.

In the case of a public official, under Articles 33 and 69 of the State Public Officials Act, confirmation of a sentence of imprisonment without labor or heavier results in automatic dismissal, and even where only a fine is imposed, disciplinary proceedings may be initiated for sexual misconduct.

If guilt is found for the crime of obscenity via telecommunication media as well, the risk of severe disciplinary measures, such as suspension from office, removal from office, or dismissal, may arise.

Because a criminal outcome can directly translate into a matter of employment status for a public official, it is very important to respond from the early stages of a case with the assistance of an attorney specializing in sexual offenses, aiming for a favorable disposition such as suspension of indictment.

Because the crime of obscenity via telecommunication media is an offense in which digital evidence such as messages and photographs remains intact, the attitude taken in the early stages of a case directly affects the result of the disposition.

If a person denies the charge or responds emotionally, the investigative authorities may negatively assess the likelihood of reoffending or the degree of remorse.

On the other hand, if a person organizes the facts, promptly expresses remorse, and submits objective materials demonstrating efforts toward recovery for the harm and prevention of recurrence, a genuine possibility of receiving a suspension of indictment can arise.

In particular, because criminal punishment is directly connected to matters of status and career for public officials and professionals, it is very important to strategically prepare the direction of statements, the timing of settlement, and the materials to be submitted from the outset, with the assistance of an attorney specializing in sexual offenses.

Based on its experience handling a wide range of sexual offense cases, Daeryun Law Firm provides strategic assistance tailored to the flow of the case, from the response immediately after the complaint, to the establishment of a statement strategy at the investigation stage, to the submission of a defense counsel's statement of opinion.

The more a matter is one in which the early response determines the outcome, the more we recommend that you closely examine the structure of the case and set the direction of your response together with a 🔗attorney specializing in sexual offenses.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on the 2025 value-added tax filings reported to the National Tax Service), is a legal partner that provides one-team legal services led by highly experienced specialist attorneys.