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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2025Do12709 Decided March 12, 2026 【Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Obscene Acts by Using Means of Communication)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Legally protected interest of the crime of obscene acts by using means of communication under Article 13 of the Act on Special Cases Concerning the Punishment of Sexual Crimes Meaning of “means of communication” in the crime of obscene acts by using means of communication and whether the so-called “payment reference” used in electronic financial transactions constitutes thereof (affirmative) [2] In a case where the Defendant repeatedly transferred KRW 1 to Party A’s bank account, attaching to each payment references such as “your dick 3cm,” “dick grow bigger,” and “?? moron,” and was indicted for violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Obscene Acts by Using Means of Communication), which consists of using means of communication, for the purpose of provoking or satisfying sexual desires of oneself or another person, to transmit sexually explicit and disparaging remarks to Party A, the case holding that a series of acts committed by the Defendant, including the use of a mobile phone to send money to Party A and a payment reference function to transmit the foregoing messages to Party A, constitutes the case involving the use of means of communication, perceived in general as a device or tool used to convey information, thereby fulfilling the elements of crime under Article 13 of the Act, and that the lower judgment holding otherwise and finding the Defendant not guilty on the facts charged erred by misapprehending relevant legal doctrine | |
