Sex crime attorney, I didn't directly show nude photos but sent them via an internet link. Can I still be punished in this case?

Even when nude photos are transmitted via an internet link, the crime of obscenity using a means of communication (Tongmaeeum) can be established.

According to Supreme Court precedent, even if you did not directly send the photo file, if the recipient was placed in a state where they could actually feel sexual humiliation, this is evaluated as having "caused it to reach" the recipient.

In other words, if the recipient could view the photo through the link without any separate restrictions, this is essentially considered no different from directly delivering it.

However, whether punishment applies is judged by comprehensively considering various circumstances such as the actor's intent and purpose at the time of transmission, the specific nature of the link, and the state in which the recipient could actually recognize it.

For example, if you simply shared an image that was publicly available on the internet, or if it is unclear that there was an intent to provoke sexual desire, the establishment of the crime may be difficult.

Therefore, even if you transmitted via a link, you are not immediately punished simply because the recipient felt unpleasant. It is important to objectively prove the circumstances and context of the transmission together with a sex crime attorney.

For this reason, when a Tongmaeeum charge arises, it is essential to clearly explain the facts and intent through consultation with a sex crime attorney from the early stages of the case.

For more details related to Tongmaeeum, please check through consultation with a sex crime attorney.