Obscenity via Telecommunication Media | A User Who Repeatedly Used Vulgar Expressions Toward a Female User in an Online Game Was Fined

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.

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.”

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.”

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.