CONTENTS
- 1. Obscenity via Telecommunication Media in a Game, the Detailed Circumstances?
- - Obscenity via Telecommunication Media in a Game, the Relevant Statute?
- 2. Obscenity via Telecommunication Media in a Game, the Trial Court's Determination?
- 3. Obscenity via Telecommunication Media in a Game, the Appellate Court's Determination?
- 4. Obscenity via Telecommunication Media in a Game, Daeryun's Strategy
1. Obscenity via Telecommunication Media in a Game, the Detailed Circumstances?
A, who was reported on a charge of obscenity via telecommunication media in an online game, was alleged to have repeatedly used words crudely referring to genitalia toward a female user in an online game chat room and to have sent obscene messages several times, thereby causing sexual humiliation and a sense of disgust.
According to the investigation, A used sexual expressions one minute after selecting a game character and five seconds after the game began, and, even though other game participants warned him not to write sexual posts, he continued to sexually demean and ridicule the victim.
In response, the prosecution issued a summary order for a fine against A, but A requested a formal trial and asserted his innocence.
Obscenity via Telecommunication Media in a Game, the Relevant Statute?
🔗The crime of obscenity via telecommunication media is a crime established by transmitting to another person words, images, video, sound, objects, or the like that cause sexual humiliation or a sense of disgust through telecommunication media such as the mail, the telephone, or a computer.
The requirements for establishing the crime of obscenity via telecommunication media are as follows.
① Telecommunication Media
The telecommunication media referred to in the crime of obscenity via telecommunication media include all media, such as the telephone, the mail, a computer, and email.
No distinction is drawn as to the openness or closedness of the medium or as to publicity. The Supreme Court held that the crime of obscenity via telecommunication media is established only when obscene content is conveyed by means of telecommunication media.
② Arrival
If obscene information is posted on a bulletin board accessible to an unspecified number of people, this is not a matter in which the crime of obscenity via telecommunication media is established.
If the sender transmits obscene information so that it enters the recipient's mailbox, email inbox, document storage, or the like, this is regarded as having arrived, and the crime of obscenity via telecommunication media is deemed established.
A person punished for the crime of obscenity via telecommunication media may be subject to imprisonment for not more than two years or a fine of not more than 20 million won.
In addition, because the crime is classified as a sexual offense, it may be subject to security measures, and if an employment restriction order or an order to disclose personal information is imposed in conjunction, it may result in serious disadvantages.
2. Obscenity via Telecommunication Media in a Game, the Trial Court's Determination?
In the trial in which A, charged with obscenity via telecommunication media in an online game, asserted his innocence, the trial court found A guilty of the charge.
The court found A guilty, stating, “Despite the dissuasion and warnings of other users, A mentioned the real name of the victimized female user and continuously used words crudely referring to genitalia and expressions implying sexual acts.”
3. Obscenity via Telecommunication Media in a Game, the Appellate Court's Determination?
The appellate court that handled the trial on the charge of obscenity via telecommunication media in an online game likewise upheld the trial court's judgment.
The appellate court found that “it is recognized that A perceived the victim's sex as female and sexually demeaned and ridiculed her,” and held that “because the victim's user ID contained a real name, she could sufficiently be identified as female.”
The court further held, “The fact that A used sexually ridiculing expressions a mere five seconds after the game began indicates that his intent was not to disparage the victim's gaming skill or attitude, but rather to obtain psychological satisfaction by causing the victim sexual humiliation.”
4. Obscenity via Telecommunication Media in a Game, Daeryun's Strategy
We analyzed the District Court's judgment, which imposed a fine on the ground that the defendant used sexually ridiculing expressions toward a female user in connection with obscenity via telecommunication media in a game.
For the crime of obscenity via telecommunication media, a fine can be imposed even when the words were merely intended as a joke, and there is a significant risk of being registered as a sex offender.
For this reason, it is important to ensure a solid initial response as soon as one is charged.
Daeryun Law Firm LLP works through systematic consultation with clients charged with the crime of obscenity via telecommunication media and, where a case involves a wrongful accusation, makes its best efforts to obtain an acquittal.
If you need assistance in this regard, you are welcome to request a 🔗legal consultation with Daeryun Law Firm.
