Changwon Law Firm Case | Changwon Attorney Defends Against an Obscenity via Telecommunication Media Charge, Resulting in Non-Prosecution

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.

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)

If a charge of obscenity via telecommunication media is established, a person may be punished under the following provision.

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.

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.

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.

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.