SEBERANG PERAI, Feb 24 — A Sessions Court here fined a businessman RM8,000 after he admitted to five charges of sending obscene photos to a 46-year-old woman in 2017.
Sessions Court judge Noor Aini Yusof ordered Chang Yoon Siong, 31, to pay a fine of RM1,600 for each charge in default of one month’s jail.
“The handphone used in this case will be forfeited and surrendered to the government after the case proper, including appeal, if any,” she said when delivering her sentence after Chang pleaded guilty to the charges.
Chang had admitted to sending obscene photos, through WhatsApp, with the intention of hurting Fong Ying Chee from Taman Aman Jaya, Bukit Mertajam near here on January 8 in 2017.
He had sent five WhatsApp messages containing the obscene photos between 1.11am and 5.32pm on the same day.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which carries a fine of up to RM50,000, or jail of not more than a year, or both upon conviction.
Section 233(1)(a) is when a person who by means of any network facilities or service or application knowingly makes, creates or solicits, and initiates the transmission of any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.
During mitigation, Chang, who was unrepresented, asked for a minimal fine.
“I promise not to repeat this mistake. This is my first offence,” he told the court.
Deputy Public Prosecutor Nazrul Nizam Mohd Zameri asked that the court impose a fine on Chang as he had pleaded guilty, regretted his actions and promised not to repeat his mistake.
He asked that the court impose a RM1,500 fine for each offence, which would be an apt punishment, but left it to the discretion of the court to decide on the amount.
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