Deals & Cases

Obscenity via telecommunication media
Obscenity via telecommunication mediaNon-referral (police)

Busan Sex Crimes Attorney Case | Non-referral for a Client in an Obscenity via Telecommunication Media Case

The client who came to the Busan sex crime attorney was booked on charges of the crime of obscenity via telecommunication media and sought help from a specialist attorney who has handled numerous sex crime cases in the Busan area.

1. The Client Who Came to a Busan Sex Crimes Attorney

Daeryun Busan sex crime attorney criminal case assistance example

The client who sought out the Busan sex crime attorney was booked on a sex crime charge and at risk of severe punishment, but through the assistance of the Busan attorney obtained a non-referral decision from the police.

The Client Booked on a Charge of Obscenity via Telecommunication Media

The account of the client who came to the Busan sex crime attorney for help is as follows.

The client had exchanged conversations over a long period with a person, A, whom he met on an anonymous chatting application.

The client asked A whether A liked physical affection, and A, feeling displeased by this, expressed refusal.

The client then conveyed an apology to A and engaged in no further sexual conversation.

However, not long afterward, the client learned that a police investigation was beginning on a charge of 🔗obscenity via telecommunication media.

The client came to the Busan sex crime attorney in order to handle the case together with an experienced attorney and to obtain a police non-referral decision for the sex crime.

2. Laws Relevant to the Case Explained by the Busan Sex Crimes Attorney

The client, who was booked on suspicion of the crime of obscenity via telecommunication media, requested the assistance of a Busan sex crime attorney to defend against punishment.

We will examine in detail what this crime is and what the punishment is.

Requirements for the Crime of Obscenity via Telecommunication Media

For the crime of obscenity via telecommunication media to be established, the following requirements must be met.

① Whether, with a sexual purpose, the act caused sexual humiliation or revulsion to the other party

② Whether the offense was committed using a telecommunication medium such as a telephone, mail, or computer

③ Whether obscene words, sounds, images, photographs, objects, or the like were made to reach the other party

Sentencing for the Crime of Obscenity via Telecommunication Media

If the charges in this case are recognized, the client may be punished under the following provision.

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

A person who, for the purpose of arousing or satisfying his or her own or another person's sexual desire, causes words, sounds, writings, pictures, images, or objects that arouse a sense of sexual shame or aversion to reach the other party through a telephone, mail, computer, or other telecommunication media ▶ imprisonment for up to 2 years or a fine of up to 5 million won

At this point, it is advisable to be cautious, as aggravated punishment may apply where the offense targets an unspecified number of or multiple victims, or where it is committed repeatedly over a considerable period.

3. The Busan Sex Crimes Attorney's Case Response Strategy

Daeryun sex crime attorney obscenity via telecommunication media non-referral case

The Busan sex crime attorney closely analyzed the case and established a systematic response strategy.

To obtain a non-referral decision in the sex crime case, the attorney made the following arguments.

Busan Attorney Assistance ① Arguing That There Was No Intent to Cause Sexual Humiliation

The client had no purpose of causing the victim sexual humiliation or of satisfying his own sexual desire.

He had merely intended, in the course of conversing on a related topic, to ask whether the victim had any particular preference.

It was emphasized that there was no intent to commit the offense, as the client did not continue such conversation after the victim said she was uncomfortable.

Busan Attorney Assistance ② Arguing That There Is No Evidence to Establish the Charge

The statement at issue is difficult to view as an expression carrying sexual intent, and in the overall flow of the conversation, obscenity was also not clearly apparent.

There is also no evidence to prove that the client's messages originated from a purpose of arousing sexual humiliation.

Accordingly, the attorney emphasized that the client was not guilty of the crime of obscenity via telecommunication media.

4. Result of the Busan Sex Crimes Attorney's Assistance: “Non-referral”

The police, accepting the Busan sex crime attorney's arguments, ultimately rendered a decision of 'sex crime non-referral'.

The client, who promptly concluded the case with the sex crime non-referral decision, conveyed deep gratitude to the Busan sex crime attorney.

If You Have Been Booked on a Charge of Obscenity via Telecommunication Media

If you have been booked for this crime, it can be advisable to receive the assistance of a 🔗sex crime attorney at the early stage of the case in order to maximize the protection of the right of defense and prevent an unfavorable outcome.

Promptly collecting evidence and establishing a thorough response plan accordingly to advance the case favorably can be considered crucial.

Daeryun assists clients comprehensively, with the specialists most suited to the client's case forming a task force to analyze the case and establish a customized strategy.

Even after the case concludes, experienced attorneys provide post-case management services, such as reviewing risks, minimizing the possibility of disputes.

If you require the assistance of an experienced attorney in a situation similar to the case above, please entrust your case through a sex crime attorney 🔗legal consultation appointment.

부산성범죄변호사 사례 | 통신매체이용음란죄 의뢰인, 불송치

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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Attorney GeunSu KIM

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