Obscenity via Telecommunication Media Defense Case | Non-prosecution of a High School Student Charged with Obscenity via Telecommunication Media

At the time of the incident, the client was hanging out with friends and found a photograph of an unknown woman on a friend's mobile phone.

Afterward, while composing a message containing sexual expressions, the message was actually sent during a scuffle with the friends.

The client deleted the message right away, but the woman had already seen it and reported it to the police.

In response, Mr. A, the owner of the mobile phone, shifted responsibility by claiming that the client had personally written and sent the message.

As a high school student, the client feared that criminal punishment would disrupt his studies, and together with his parents, he entrusted the case of obscenity via telecommunication media to a criminal defense attorney.

The criminal defense attorney secured the consistent statements of the friends who were present at the scene at the time of the incident, and closely analyzed the call records and message logs before submitting them to the investigative authorities.

According to the statements of the friends who were present, it appeared that Mr. A, the owner of the mobile phone, had personally made the sexual remarks and written the content in question.

On this basis, the criminal defense attorney emphasized that Mr. A was attempting to shift all charges onto the client in order to avoid his own responsibility.

Mr. A stated that, after the client sent the message in question, he had heard that the client showed it off to a friend who was present.

In response, the criminal defense attorney secured the actual conversation records between the client and Mr. A as evidence and proved that no such remarks had ever been exchanged.

The attorney also emphasized that Mr. A's statement was not based on direct observation but was merely hearsay, presenting the argument that the credibility of the statement was markedly low.

In a case of obscenity via telecommunication media, the crime is established only when there is a purpose of arousing or satisfying one's own or another person's sexual desire.

However, the client had never met the woman before the alleged conduct and did not even know her gender.

The criminal defense attorney also drew attention to the fact that the message in question was deleted immediately after it was sent, and on this basis emphasized that it was difficult to find that the message had been sent intentionally or with the purpose of arousing or satisfying sexual desire.

The level of punishment for obscenity via telecommunication media is determined under the Act on Special Cases concerning the Punishment of Sexual Crimes as follows.

In addition, in the case of a high school student such as the client, the person falls under a juvenile offender (14 years of age or older but under 19 years of age) and may be subject to criminal punishment.

Therefore, when a person comes under investigation, a strategic response that clearly establishes the precise facts and intent from the early stage of the case is necessary.

Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes

Even when a person is a high school student such as the client, punishment is not exempted merely on the ground of being a minor, and depending on the background and intent of the matter, it may also lead to criminal punishment.

If criminal punishment is imposed, a disadvantage may remain on the school record or restrictions may arise in advancement to higher education and future career, so it is important to receive professional assistance from the early stage of the case.

Daeryun LLC has many criminal defense attorneys with expertise in sex offense cases, including obscenity via telecommunication media, and from the police investigation stage they design the direction of statements in detail and promptly secure evidence that can prove a false accusation or a misunderstanding.

If you have become involved in a criminal case in a situation such as the above, 🔗please reserve a legal consultation to request assistance.