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Obscenity via telecommunication media
Obscenity via telecommunication mediaSuspension of indictment

The Crime of Obscenity via Telecommunication Media | A Case in Which a Client in a Telecommunication-Media Obscenity Sexual Offense Obtained a Suspension of Indictment

The client, who was driven to the brink of losing his status as a public official on a charge of the crime of obscenity via telecommunication media, obtained the result of a suspension of indictment through the early response of an attorney specializing in sexual offenses.

1. The Content of the Case of the Client Charged with the Crime of Obscenity via Telecommunication Media

The content of the case of the client charged with the crime of obscenity via telecommunication media

The client, who came to be investigated on a charge of the crime of obscenity via telecommunication media, was in the following situation.

The client came to exchange contact with the victim during the course of conducting a goods transaction on a secondhand trading platform.

At the time, the client sent the victim a message requesting photographs involving nudity or capable of being interpreted in a sexual sense, to the effect that he would send the victim some money.

The message had content capable of making the victim feel sexual humiliation, and taking issue with this, the victim filed a complaint against the client for the crime of obscenity via telecommunication media.

The client immediately acknowledged that his conduct had been inappropriate and reflected deeply, and in particular, as a public official, he was in a situation in which a criminal punishment could cause significant disadvantage in his occupation.

Accordingly, the client requested a consultation with an attorney specializing in sexual offenses for a prompt and systematic response from the early stage of the case.

What Is the Crime of Obscenity via Telecommunication Media?

The crime of obscenity via telecommunication media is a crime prescribed in Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes, and it punishes the act of causing words, pictures, images, or other materials that arouse sexual humiliation or aversion to reach the other party by using telecommunication media.

For the crime to be established, there must be a purpose of arousing or satisfying one's own or another person's sexual desire.

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

(Obscene Acts Using Telecommunication Media)

Imprisonment for not more than two years or a fine not exceeding 20 million won

2. Areas of Assistance for the Client in the Crime of Obscenity via Telecommunication Media

In order for the client charged with the crime of obscenity via telecommunication media to obtain leniency, the following assistance was provided.

The Point That He Acknowledged His Wrongdoing and Reflected

The attorney specializing in sexual offenses stated that the client did not deny the fact of having sent the message in question, acknowledged that the conduct could have caused the victim displeasure and sexual humiliation, and was sincerely reflecting.

The attorney emphasized that immediately after the offense the client submitted a written reflection and was strongly resolving not to reoffend.

Amicable Settlement With the Victim

With the assistance of an attorney specializing in sexual offenses, the client conveyed a sincere apology to the victim, and as a result, the parties reached an amicable settlement.

The victim accepted the client's apology and remorseful attitude and clearly expressed that the victim did not wish for the client to be punished.

The attorney specializing in sexual offenses submitted to the investigative authorities a settlement agreement and a statement of no desire for punishment that reflected this content.

Organizing the Likelihood of Reoffending and the Grounds for Mitigation

The attorney specializing in sexual offenses comprehensively organized the following circumstances and included them in the statement of opinion.

-The client was a first-time offender with no prior record of the same type of offense.
- The incident was an impulsive act arising from a temporary error in judgment caused by accumulated fatigue and alcohol consumption.
- After the incident, the client faithfully completed education for the prevention of reoffending in sexual offenses and education to strengthen law-abiding awareness.
- The client had served diligently as a public official and had a record of receiving numerous commendations.
- The client made a clear commitment not to repeat the same conduct in the future.


Taking these circumstances together, the attorney emphasized that the client clearly recognized the wrongfulness of the conduct and that the likelihood of repeating the same behavior was not high.

3. Crime of Obscenity via Telecommunication Media | Suspension of Indictment Decision Following Assistance to the Client

Taking into account the submitted statement of opinion, the settlement agreement, and the grounds for mitigation, the prosecution issued a ‘suspension of indictment’ disposition with respect to the charge of obscenity via telecommunication media.

As a result, the client was able to retain public official status and continue to perform official duties without disruption.

In the case of a public official, under Articles 33 and 69 of the State Public Officials Act, confirmation of a sentence of imprisonment without labor or heavier results in automatic dismissal, and even where only a fine is imposed, disciplinary proceedings may be initiated for sexual misconduct.

If guilt is found for the crime of obscenity via telecommunication media as well, the risk of severe disciplinary measures, such as suspension from office, removal from office, or dismissal, may arise.

Because a criminal outcome can directly translate into a matter of employment status for a public official, it is very important to respond from the early stages of a case with the assistance of an attorney specializing in sexual offenses, aiming for a favorable disposition such as suspension of indictment.

4. Crime of Obscenity via Telecommunication Media: Why the Early Response in the Investigation Determines the Outcome

Because the crime of obscenity via telecommunication media is an offense in which digital evidence such as messages and photographs remains intact, the attitude taken in the early stages of a case directly affects the result of the disposition.

If a person denies the charge or responds emotionally, the investigative authorities may negatively assess the likelihood of reoffending or the degree of remorse.

On the other hand, if a person organizes the facts, promptly expresses remorse, and submits objective materials demonstrating efforts toward recovery for the harm and prevention of recurrence, a genuine possibility of receiving a suspension of indictment can arise.

In particular, because criminal punishment is directly connected to matters of status and career for public officials and professionals, it is very important to strategically prepare the direction of statements, the timing of settlement, and the materials to be submitted from the outset, with the assistance of an attorney specializing in sexual offenses.

Based on its experience handling a wide range of sexual offense cases, Daeryun Law Firm provides strategic assistance tailored to the flow of the case, from the response immediately after the complaint, to the establishment of a statement strategy at the investigation stage, to the submission of a defense counsel's statement of opinion.

The more a matter is one in which the early response determines the outcome, the more we recommend that you closely examine the structure of the case and set the direction of your response together with a 🔗attorney specializing in sexual offenses.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on the 2025 value-added tax filings reported to the National Tax Service), is a legal partner that provides one-team legal services led by highly experienced specialist attorneys.

통신매체이용음란죄 | 통매음 성범죄 의뢰인, 기소유예 이끌어낸 사례

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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