Elderly Person Who Sent Specific Body Part: "Manipulation Mistake" vs. Prosecution: "Intentional" [Seocho-dong Legal Story]

Wrongly Sent Exposure Photo 1st Trial 'Not Guilty'... What About 2nd Trial?
Third Party Texting on Related Topic Gives Favorable Testimony
Defendant "Mistake Due to Poor Manipulation... Apologize to Victim"
Prosecution "1st Trial Illegal Due to Misjudgment, Not a Mistake" Appeals

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] "I have committed a grave sin. Please forgive me just once." (Defendant)

On the 23rd of last month, in a courtroom on the 3rd floor of the Seoul Central District Court, the appeal trial of Mr. A (69, male), who was charged with violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by using a communication medium for obscenity, was held. He is accused of taking a photo of a specific part of his body last year and sending it via text message to Mr. B, whom he did not even know the face of. On the morning of the incident, there was a phone call regarding parking fee settlement, and only the number remained in the call log. Mr. B reportedly saw this photo with her husband after returning home from work.

In court, Mr. A admitted to sending the photo but argued, "It was absolutely not intentional." He claimed that due to his old age and unfamiliarity with smartphone operation, he accidentally pressed the screen incorrectly.

Article 13 of the current Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes stipulates that "If a person causes sexual discomfort or disgust to another through a communication medium for the purpose of arousing or satisfying sexual desire of oneself or others, they shall be punished by imprisonment for not more than two years or a fine not exceeding 20 million won."

The first trial court acquitted Mr. A. A decisive factor in this judgment was the existence of Mr. C, who was exchanging messages with Mr. A on a related topic at the time of the incident. Mr. C appeared in court and testified that "At that time, Mr. A contacted me saying, 'This is serious. (The photo) was sent to someone else.'" According to the text records, the photo was first sent to Mr. B and then forwarded to Mr. C.

The first trial court stated, "Considering various circumstances in the records, it is difficult to exclude the possibility that the photo was mistakenly sent to the victim while trying to send it to Mr. C," and "It is difficult to consider the prosecution's evidence sufficient regarding the charges." Mr. A said, "I bow my head and apologize for causing harm to the victim due to my mistake. I will make sure this never happens again."

However, the prosecution appealed, and the trial resumed after eight months. At the second trial's final hearing, the prosecutor argued, "Given the process of operation, it was difficult to send the message by mistake," and "It is hard to believe the defendant's claim, and the intentionality is sufficiently proven. The original verdict contains a factual error." The prosecutor requested the court to impose a fine of 2 million won.

On the other hand, Mr. A's defense attorney requested the dismissal of the prosecution's appeal, stating, "The witness who was conversing with the defendant at the time testified in the first trial court in a manner consistent with the defendant's claim."

The Seoul Central District Court Criminal Appeal Division 1-1 (Presiding Judge Kim Jaeyoung), which is handling the second trial of this case, has completed all the pleadings and scheduled the verdict for the 16th of this month.