Suwon Attorney | Suspension of Indictment for Obscenity via Telecommunication Media Charges Through a Suwon Criminal Attorney's Assistance

The client usually enjoyed games while interacting with various users through online games.

At the time of the incident, he was placed on the same team as the victim, whom he was meeting for the first time, and continued playing while communicating through in-game voice chat.

However, as the game progressed and the team's performance was poor, the client came to express somewhat heated emotions.

In the course of this, he sent chat messages to the victim and continued with lewd talk and insulting language.

At the time, the victim felt greatly offended by the client's remarks and collected evidence of the relevant content from the in-game chat records and the voice chat.

The victim then regarded this case not as a simple in-game dispute but as serious defamation and sexual insult, and submitted a criminal complaint to the police.

In the end, the client was booked on charges of obscenity via telecommunication media and was subjected to a police investigation.

In the early stage of the case, the client, with the assistance of the Suwon attorney, attempted to reach a settlement with the victim, but the victim took a firm position and refused.

The victim also argued that the client's remarks were not a simple emotional reaction but clear sexual harassment intended to cause sexual humiliation, and demanded severe punishment.

In the end, as the case moved to the prosecution stage, the client was placed in a situation requiring a more active legal response.

Accordingly, he once again attempted to reach a settlement with the victim with the assistance of the Suwon attorney.

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 his or her own or another person's sexual desire, causes words, sounds, writings, pictures, images, or other objects that arouse sexual humiliation or aversion to reach the other party through a telephone, mail, a computer, or other telecommunication media is punished by imprisonment for not more than two years or a fine not exceeding 20 million won.

In other words, where there is a recognized purpose of causing sexual humiliation rather than mere emotional cursing, a person may be subject to criminal punishment.

What are the elements of the offense of obscenity via telecommunication media?

① Obscene information: Obscene content must be conveyed to the other party.

② Use of telecommunication media: The obscene information must be conveyed through telecommunication media. (The live human voice, letters, and the like are excluded.)

③ Humiliation and aversion: The victim must feel sexual humiliation or aversion. (Mere displeasure is excluded.)

④ Purpose: There must be a purpose of arousing or satisfying sexual desire.

⑤ Publicity and identifiability: Publicity and identifiability are not required, and the offense is committed even when the material is conveyed to an individual.

In the early stage of the case, the client attempted to reach a settlement with the victim but had difficulty because of the victim's firm attitude. However, after receiving the assistance of the Suwon attorney, he continually conveyed his remorse and prepared a sincere letter of apology.

He also submitted a written letter of apology acknowledging the displeasure felt by the victim and promising to prevent any recurrence, and he conveyed a settlement payment through the Suwon criminal attorney.

After these efforts, the victim accepted the client's sincere remorse and agreed to a settlement.

Taking this case as an occasion, the client deeply showed remorse for his words and conduct and decided to voluntarily complete a sexual violence prevention program in order to prevent the recurrence of similar incidents.

Through this, the client came to recognize the seriousness of remarks or conduct that constitute sexual harassment or cause sexual humiliation, and through the educational program he made efforts to develop a proper understanding of sexual violence prevention and a sense of social responsibility.