"Called 'Bugs Hi' an insult... Reason for overturned 'Not Guilty' in 2nd Trial"
Fine of 1 Million Won Overturned in Appeal
"Only an Expression of Anger, Did Not Cause Sexual Humiliation"
A man in his 20s who responded with sexual expressions after being provoked by another user saying "Beolredeul Hi" during an online game was fined in the first trial but acquitted in the appeal trial.
On the 30th, the Chuncheon District Court Criminal Division 1 (Chief Judge Shim Hyun-geun) overturned the original ruling that sentenced A (24) to a fine of 1 million won on charges of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (obscenity using communication media) and acquitted him, Yonhap News reported on the 31st.
A was prosecuted on charges of obscene acts using communication media for inputting vulgar expressions reminiscent of abnormal quasi-rape acts in the chat window, causing sexual shame and disgust, after a game user B (23, female), whom he did not know, said "Beolredeul Hi" while playing the online game "League of Legends" at a PC cafe in Wonju, Gangwon Province, around 5 p.m. on March 16 last year.
During the trial, A's side argued, "B sent an unpleasant greeting message, and it was sent out of anger," and "there was no intention to arouse or satisfy sexual desire." The Wonju Branch of Chuncheon District Court, which handled the first trial, found that A had a desire to obtain psychological satisfaction by sending vulgar messages related to B and B's family, recognizing at least implicitly that the victim was female, thereby causing sexual shame to the victim.
However, the second trial court's judgment was different. The appellate court ruled that although the messages sent by A contained many swear words or vulgar language related to sex, it is difficult to conclude that the use of such swear words or vulgar language alone immediately caused sexual humiliation or ridicule to the other party, and there was no purpose to arouse or satisfy sexual desire. The court also noted that A and B happened to meet as opposing teams in the game at the time, did not know each other's gender or age, and that the victim expressed anger toward the defendant's team members by saying "Beolredeul Hi," so A's main purpose was to express that anger toward the victim, causing feelings of insult and anger, and to feel exhilaration and satisfaction.
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The appellate court explained, "It does not seem possible to conclude that the defendant made the statement with the purpose of arousing or satisfying sexual desire beyond the level of ridicule or insult against the victim." It added, "Although the defendant is acquitted, the chat content is problematic and close to the level of criminal punishment," and advised, "In the future, regardless of what others do, please ignore and do not swear."
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