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Criminal · School Violence · Damages
Obscene Acts via Telecommunications — Sexual Purpose at Issue
1. Case Overview
While playing a multiplayer online game, our client got into a dispute with a teammate. The two began hurling insults at each other in the in-game chat, which eventually escalated to sexually explicit profanity. After the dispute, our client was contacted by the police and summoned for questioning on a charge of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (Obscene Acts via Telecommunications).
2. DAEON's Strategy
The offense of Obscene Acts via Telecommunications under Article 13 of the Act on Special Cases Concerning the Punishment of Sexual Crimes is established only when a person, 'for the purpose of arousing or satisfying his or her own or another person's sexual desire,' causes words, sounds, writings, images, videos, or objects that induce sexual shame or disgust to reach another person via telephone, mail, computer, or other means of telecommunication. Because it is a so-called specific-intent offense, we emphasized that our client had no such purpose.
3. Result - Non-referral
Shin Dong-woo