What are the constitutive elements and punishment level of obscene communication using telecommunications media?

Even if you simply wrote a personal opinion as a comment, if its content is obscene and the other party can actually recognize it, there is a possibility that it constitutes obscene communication using telecommunications media.

Obscene communication using telecommunications media is established when, for the purpose of inducing or satisfying sexual desire, words, sounds, writings, pictures, videos, or objects that cause sexual shame or disgust are made to reach the other party through various telecommunications media such as telephone, mail, or computer.

Here, "reaching" means that the other party is placed in a state where they can directly access or recognize the obscene material.

For example, if you sent a link containing obscene photos or videos to the other party and created a state where they could immediately access the content without restriction, this can be evaluated as essentially the same as transmitting obscene content and may be subject to punishment.

The legal punishment level of obscene communication using telecommunications media is imprisonment of up to 2 years or a fine of up to 20 million won under the "Act on Special Cases Concerning the Punishment of Sexual Crimes."

Even in unfair cases, since legal judgment is made by comprehensively considering objective evidence and circumstances, accurate situation analysis and professional legal consultation are necessary.