Namyangju Obscenity via Telecommunication Media Attorney | Defended Client at Risk of Punishment for Obscenity via Telecommunication Media and Closed the Case With a Non-Prosecution Decision

The client who sought the attorney said the client faced the risk of punishment for obscenity via telecommunication media.

The client wished to handle the case without the client's family knowing, and accordingly it was arranged that all documents would be served to the address of this office.

The client also asked for help in closing the case with a non-prosecution decision. The facts of the case, as reviewed by the attorney, were as follows.

The client explained that he frequently used an application for sharing exercise information.

On the day of the incident, while browsing the application as usual, one chat room caught the client's eye.

The title of the chat room was "Someone to Teach Exercise." The client began chatting first.

The person who had opened the chat room asked the client for tips on losing weight in the lower body, and the client answered diligently.

As they were talking, the profile photo of the person who had opened the chat room caught the client's eye. The photo showed a woman with a very fit figure.

Unable to overcome a momentary sexual urge, the client sent messages such as "I want to have a relationship with you" and repeatedly conveyed remarks that caused sexual shame or disgust.

In response, the person who had opened the chat room reported the client for obscenity via telecommunication media, and the client came to be at risk in this case.

The client said he had been reported for obscenity via telecommunication media.

Obscenity via telecommunication media refers to the 🔗offense of obscenity via telecommunication media, which is committed when a person, with the purpose of arousing or satisfying his or her own or another person's sexual desire, uses telecommunication media to cause obscene words, writings, or the like that arouse sexual shame or disgust to reach the other party.

If the client's charge of obscenity via telecommunication media is found, the client could be punished by imprisonment of up to 2 years or a fine of up to 20 million won.

Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes (Obscene Acts Using Telecommunication Media)

The attorney undertook the client's defense as follows.

The prosecution, having heard the attorney, issued a non-prosecution decision for the client.

As the client had requested, the case could be closed with a non-prosecution decision. This result was obtained thanks to the attorney's extensive case-handling experience.

In this case, the client was at risk of being severely punished over a few messages sent in a momentary urge, but was able to escape that risk with the attorney's assistance.

If you are at risk of punishment for obscenity via telecommunication media, please reach out to a 🔗Namyangju Attorney for assistance with your case.