A Game-Related Obscenity via Telecommunication Media Defense Case | Assisting a Client Suspected of Obscenity via Telecommunication Media and Concluding the Matter With a Non-Prosecution Decision

🔗Obscenity via telecommunication media (hereinafter "obscenity via telecommunication media") is an offense committed when, for the purpose of arousing or satisfying sexual desire and against another person's will, one causes words, sounds, writing, images, video, or objects that provoke sexual shame or revulsion to reach the other party through a telephone, the mail, a computer, or any other telecommunication medium.

Obscenity via telecommunication media is punishable under the Act on Special Cases concerning the Punishment of Sexual Crimes, and a person who commits an act of obscenity via telecommunication media may be punished by imprisonment for not more than 2 years or a fine not exceeding 20 million won.

As digital technology has developed, obscenity via telecommunication media frequently occurs through mobile phone text messages, email, social media, games, online chat, and the like.

The client and the complainant ended up playing on the same team in the game at issue in this case.

In this game, not only performing one's own role but also cooperation among teammates is very important.

The client tried hard to win, but because the client had not been playing the game for long, the client made frequent mistakes.

In response, the complainant heaped harsh ridicule and criticism on the client.

The client was angry as well, but because the client was partly at fault, the client held back and endured the ridicule.

However, over the entire 30 minutes of the game, the client had to endure continuous, harsh ridicule and criticism.

Angered by this, the client vented frustration at the complainant and, by sexually disparaging the complainant's mother in order to indirectly provoke feelings of humiliation and anger in the victim, made the problematic statement at issue in this case on the spur of the moment.

The attorney handling the game-related obscenity via telecommunication media case emphasized that the client, unable to bear the complainant's ridicule and criticism, had made the statement on the spur of the moment.

The attorney handling the game-related obscenity via telecommunication media case argued that the client had not expressed any direct sexual desire toward the complainant.

The client had merely sexually disparaged the complainant's mother in order to provoke feelings of humiliation and anger in the complainant.

The attorney handling the game-related obscenity via telecommunication media case emphasized that this was not writing falling within the 'purpose of arousing or satisfying one's own or another person's sexual desire' prohibited under the Act on Special Cases concerning the Punishment of Sexual Crimes.

The attorney handling the game-related obscenity via telecommunication media case argued that the client was deeply ashamed of and showed deep remorse for the act of directing profanity and vulgar language at someone in order to humiliate and provoke anger in that person.

The client resolved never again to say anything hurtful to anyone and pledged never to use profanity going forward.

The attorney handling the game-related obscenity via telecommunication media case emphasized that the client showed genuine remorse.