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Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (obscenity via telecommunication media)
Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (obscenity via telecommunication media)Non-referral (police)

Obscenity via Telecommunication Media Police Investigation Case | Non-referral for a Charged Client Through a Sexual Crime Lawyer's Assistance

The client, who was to undergo a police investigation for obscenity via telecommunication media, faced the risk of a police investigation on charges of obscenity via telecommunication media, and sought out a sexual offense attorney who has handled numerous cases of the crime of obscenity via telecommunication media to request assistance.

1. The Client Who Came to Undergo an Obscenity via Telecommunication Media Police Investigation

Daeryun sexual offense attorney obscenity via telecommunication media police investigation non-referral defense case

The client, who faced the risk of criminal punishment due to a police investigation for obscenity via telecommunication media, was able to conclude the case with a non-referral decision through the assistance of an obscenity via telecommunication media attorney with extensive experience in such cases.

How the Client Became Involved in an Obscenity via Telecommunication Media Charge

The client, who is facing police questioning for obscenity via telecommunication media, recently saw a post on the internet.

Angered by the content of the post, the client ended up leaving a malicious comment on the post.

However, the person concerned, who happened to see the client's comment, reported it as the 🔗crime of obscenity via telecommunication media.

As a result, the client became subject to police questioning for obscenity via telecommunication media.

Facing the risk of criminal punishment, the client requested assistance from a sexual offense attorney regarding responding to police questioning in order to defend against punishment.

2. Obscenity via Telecommunication Media Police Investigation: What Is the Case-Related Information?

Daeryun obscenity via telecommunication media police questioning defense against punishment non-referral assistance case

As in the case of the client who underwent police questioning for obscenity via telecommunication media, even if there was no actual physical contact, obscenity via telecommunication media may be established if a person caused the other party's sexual humiliation using a computer or mobile phone.

What Is Obscenity via Telecommunication Media?

The Act on Special Cases concerning the Punishment of Sexual Crimes sets out the definition of obscenity via telecommunication media.

The case of delivering to another person words, writing, images, photographs, or the like that cause sexual shame or aversion, by using a telecommunication medium for the purpose of arousing or satisfying one's own or another person's sexual desire

Therefore, if you cause sexual shame to another person by using a telecommunication medium such as a cell phone, computer, or telephone, you may be charged with obscenity via telecommunication media.

Obscenity via Telecommunication Media: What Is the Level of Punishment?

Obscenity via telecommunication media is punishable under Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes.

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

If an actual custodial sentence is imposed for obscenity via telecommunication media, the person may become subject to personal information registration, so greater caution is required.

3. Three Areas of Assistance for an Obscenity via Telecommunication Media Police Investigation

For the client who faced a police investigation for obscenity via telecommunication media, the sexual offense attorney reviewed similar precedents and relevant statutes to establish a strategy to assist the client.

The attorney also formed a task force together with attorneys who had handled various sexual offense cases to devise a strategy to defend the client against punishment.

The sexual offense attorney made the following arguments and pleaded for leniency for the client.

Sexual Crime Lawyer's Argument (1): The Absence of a Purpose of Sexual Desire

The sex crime attorney argued, on the basis of relevant precedent, that the client's comment did not constitute the crime of obscenity via telecommunication media.

After analyzing precedent concerning the purpose of the crime of obscenity via telecommunication media, the attorney argued that there was no ‘sexual purpose.’

[Supreme Court Decision 2018Do9775, September 13, 2018]

‘Sexual desire’ includes a desire that has sexual conduct or sexual relations as a direct purpose or premise.

In addition, it also includes a desire to obtain one's own psychological satisfaction by causing the other party sexual humiliation, such as by sexually demeaning or ridiculing the other party, thereby obtaining one's own psychological satisfaction by causing the other party sexual humiliation.

Moreover, this is not viewed differently even if such ‘sexual desire’ is combined with anger toward the other party.

On this basis, it was possible to establish that the client's comment was made for the purpose of mere criticism and lacked any purpose of sexual desire.

Sexual Crime Lawyer's Argument (2): The Mild Nature of the Content

The sexual offense attorney argued that the content of the posts the client had written was not severe in tone.

Even at the time of the investigation, the relevant posts contained criticisms of a harsher tone than the client's comments.

On this basis, it could be proven that the content the client had written was a milder expression compared to other comments.

Sexual Crime Lawyer's Argument (3): That the Client Shows Sufficient Remorse

The sexual offense attorney argued that the client was deeply reflecting on the client's own conduct.

The client keenly felt the harm the victim must have suffered due to the client's conduct and expressed a wish to reach a settlement with the victim.

It was possible to assert that the client has the will to make efforts to restore the harm to the victim.

4. Result of the Obscenity via Telecommunication Media Police Investigation: “Non-referral”

As a result of assisting the client who was subject to a police investigation for obscenity via telecommunication media, the police issued a non-referral decision finding no charge due to insufficient evidence.

The client expressed gratitude, stating that he had been able to defend against punishment thanks to the assistance of the sexual offense attorney received before the police investigation for obscenity via telecommunication media.

If You Are Involved in an Obscenity via Telecommunication Media Charge

This was the account of a client who came to undergo a telecommunication media obscenity police investigation due to a malicious comment, but who was able to conclude the case with a non-referral thanks to the assistance of a sexual crimes attorney.

The crime of obscenity via telecommunication media can lead not only to criminal punishment but also, if a sentence of an actual custodial sentence or heavier is imposed, to disclosure of personal information.

Therefore, if you are implicated in telecommunication media obscenity, it is advisable to promptly receive assistance from a specialist attorney and establish a strategy to defend against punishment.

At Daeryun Law Firm, the client's case is identified clearly from the consultation stage, and a tailored attorney is assigned for each case to resolve the client's matter promptly.

If, like the client's account, you are facing a telecommunication media obscenity police investigation, you may establish a strategy to defend against punishment through 🔗Legal Consultation Reservation.

통매음경찰조사

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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