CONTENTS
- 1. The Client Who Reached Out to the Changwon Law Firm

- - The Account of the Client Accused of Obscenity via Telecommunication Media
- 2. Statutes Related to the Case, Explained by the Changwon Law Firm

- - Requirements for the Offense of Obscenity via Telecommunication Media / Precedents
- - Penalties for Obscenity via Telecommunication Media
- 3. Three Arguments by the Changwon Law Firm

- - Assistance Provided ① Confession and Remorse
- - Assistance Provided ② Settlement
- - Assistance Provided ③ Prevention of Reoffending
- 4. The Prosecution's Decision on the Changwon Law Firm's Arguments

- - If You Are Involved in a Charge of Obscenity via Telecommunication Media
1. The Client Who Reached Out to the Changwon Law Firm

The client, who reached out to the Changwon law firm, sought the Changwon attorney in order to handle the case together with the law firm and obtain a non-prosecution decision from the prosecution on the charge of obscenity via telecommunication media.
The Account of the Client Accused of Obscenity via Telecommunication Media
The account of the client who reached out to the Changwon attorney for help is as follows.
The client sent messages to a woman he first came to know through social media in order to build a rapport with her.
At first the client sent messages simply out of a wish to become closer, but he gradually came to send messages containing obscene and inappropriate content.
Although the woman expressed displeasure, the client continued to send content capable of causing sexual humiliation to the woman on multiple occasions.
Not long afterward, the client was the subject of a complaint filed by the woman for 🔗obscenity via telecommunication media.
Having become involved in a sexual offense charge, the client wished to retain an attorney at the early stage of the case to resolve the matter promptly.
Seeking to obtain a non-prosecution decision from the prosecution through the law firm's systematic legal system, the client reached out to the Changwon attorney.
2. Statutes Related to the Case, Explained by the Changwon Law Firm
The client was booked on a charge of obscenity via telecommunication media and requested the Changwon attorney's help.
Obscenity via telecommunication media is an offense committed when a person uses telecommunication media to send obscene words, pictures, images, or the like to another person.
We will review the requirements for the offense of obscenity via telecommunication media and the applicable penalties.
Requirements for the Offense of Obscenity via Telecommunication Media / Precedents
The requirements for the offense of obscenity via telecommunication media are as follows.
① There must be a sexual purpose.
② The content must be such as to cause sexual humiliation or disgust.
③ Telecommunication media such as a telephone or mail must be used.
④ The above content must reach the other party against that party's will.
Related Precedent
'Causing sexual humiliation or disgust' means causing the victim shame or humiliation as a person of dignity, beyond mere embarrassment or displeasure, or causing feelings of dislike and hatred, in a manner that runs contrary to the sense of sexual decency of the average member of society (Supreme Court Decision 2016Do21389)
Penalties for Obscenity via Telecommunication Media
If a charge of obscenity via telecommunication media is established, a person may be punished under the following provision.
A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes words, sounds, writing, pictures, images, or objects that arouse sexual humiliation or disgust to reach another person through a telephone, mail, computer, or other telecommunication media shall be punished by imprisonment with labor for up to two years or by a fine of up to 20 million won.
3. Three Arguments by the Changwon Law Firm
For the client who wished to bring the case to a swift conclusion through a non-prosecution decision, the Changwon attorney made the following three arguments.
Assistance Provided ① Confession and Remorse
During the police investigation, the client confessed to all of the facts of the offense.
The client came to realize that he had committed a serious wrong that could not be undone, and he resolved never to repeat the same conduct.
The attorney emphasized that the client recognized his offense was not merely a few lines of text but could cause significant harm and suffering to the other party, and that he had written a letter of apology.
Assistance Provided ② Settlement
The client gave repeated thought to how he might restore the harm suffered by the victim.
Wishing to provide at least some consolation for the emotional harm the victim had suffered, the client decided to pay a settlement sum.
The attorney emphasized that the victim, having accepted the client's sincere apology, submitted a statement of no desire for punishment regarding the client.
Assistance Provided ③ Prevention of Reoffending
The client feels guilt over his criminal conduct and has spent his days in remorse.
In order not to repeat the same wrong, the client has made efforts to improve himself, including voluntarily taking a recidivism prevention course.
The attorney emphasized that the client accurately recognizes the facts of his offense and is making efforts to prevent reoffending, so the risk of reoffending is low.
4. The Prosecution's Decision on the Changwon Law Firm's Arguments
Accepting the Changwon Law Firm's arguments, the prosecution ultimately reached a decision of non-prosecution.
The client, who had wished to bring the case to a swift conclusion through a non-prosecution decision, expressed deep gratitude to the Changwon attorney.
If You Are Involved in a Charge of Obscenity via Telecommunication Media
If you are involved in a charge of obscenity via telecommunication media, consulting an attorney at an early stage can be helpful in order to protect your right of defense to the fullest and to prevent an unfavorable outcome.
Promptly gathering evidence and establishing a thorough response plan accordingly to guide the case in a favorable direction can be important.
At Daeryun, 🔗criminal attorneys conduct examinations similar to the investigative process and assist clients from multiple angles.
If you are facing difficulties in a situation similar to the case above, please entrust your case through the Changwon Law Firm 🔗legal consultation booking.

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.











