You can be punished just for accessing the site... Response to investigations related to AVMOV

The proportion of digital sex crimes is increasing.

According to statistics from the Ministry of Gender Equality and Family and the Korea Institute of Criminology and Justice on the 13th, the proportion of digital sex crimes among all sex crimes has nearly tripled in four years, from 8.3% in 2019 to 24% in 2023. Since the N Room incident, digital sex crimes have been evolving more secretly and sophisticatedly. Recently, the existence of ‘AVMOV’, an illegal video distribution site, has been reported in the media and is causing social repercussions. AVMOV has been distributing large quantities of illegally filmed videos of family members, lovers, and other acquaintances, and it has been revealed that the number of subscribers exceeds 500,000.

Since the reports surrounding AVMOV, there have actually been a series of questions on the Internet surrounding related punishments. Most people responded with anxiety, wondering if they could be subject to punishment just by accessing the site.

In relation to this, lawyer Kim In-won of Daeryun Law Firm advised, “Recently, investigative agencies are tracking not only operators but also simple users through overseas cooperation and digital forensics to the end.” He added, “Especially in cases where child and adolescent sexual exploitation material is mixed, as in the AVMOV case, it is highly likely that the excuses of ‘I saw it without knowing’ or ‘I did not download it’ will not work, so a legal response is essential from the beginning of the investigation.”

Next is a Q&A with Attorney Kim.

-Will I be punished for simply watching streaming on AVMOV without paying or downloading?

▲In principle, it is subject to punishment. In accordance with Article 14, Paragraph 4 of the Sexual Violence Punishment Act, a person who possesses, purchases, stores, or watches illegally filmed material may be subject to imprisonment for up to 3 years or a fine of up to 30 million won. If the target of the illegal filming is a child or adolescent under the age of 19, he or she may be sentenced to imprisonment for a term of more than 1 year in accordance with Article 11, Paragraph 5 of the Act on the Sexual Protection of Children and Adolescents. In the past, possession of files was important, but with the revision of the law, the act of watching streaming itself is now defined as a crime. In particular, if it was possible to guess that it was an illegal film through the thumbnail or title, it would be difficult to avoid punishment as ‘intentional negligence’ was recognized.

-I've accessed the site quite a lot. Can I get my sentence reduced if I turn myself in?

▲Embroidery is a ‘double-edged sword.’ Voluntary reporting before becoming aware of the investigative agency can be a favorable sentencing factor that can lead to leniency as a sign of reflection. If you are a person involved in the operation or have uploaded something, this can be a strategy to avoid arrest. It is safe to consult with a lawyer before deciding whether to turn yourself in.

-What is the primary criterion for becoming the subject of an AVMOV investigation?

▲Investigation agencies give priority because they have to investigate a large number of connected users with limited manpower. Site operators, distributors, payers, and bulk downloaders are the top targets. In particular, paid payment details serve as evidence proving ‘provision of criminal proceeds’ and ‘clear intent.’ However, even if you are a free member, there is a possibility that you will be subject to investigation if there is a high number of accesses or if logs of repeated viewing of specific subcontracted content are confirmed.

-When a police investigation begins, it is best to format your phone or hard disk.

▲It is absolutely prohibited. Physically destroying a hard disk or hastily deleting data is regarded by investigative agencies as an attempt to ‘destroy evidence’ and becomes a decisive reason for issuing an arrest warrant. Recent forensic technology can even restore log records of deleted data. Rather, it is wise to immediately stop the access and prepare objective sentencing materials through a lawyer to prove the circumstances of the access and lack of intention.

-How should I respond if I am unfairly implicated in the AVMOV incident?

▲Digital sex crimes are a battle to prove ‘intention.’ If a pop-up window appears due to accidentally clicking on a banner while surfing the web, or if viewing history is left behind due to auto-play, this must be explained technically. However, in this case of AVMOV, the ‘login’ process is essential to watch the video, so it is highly likely that the investigative agency will judge this to be an intentional act. Therefore, rather than blindly denying the charges, an active legal defense is needed, such as receiving assistance from forensic experts and lawyers and submitting log analysis data to prove that the access in question was temporary or unintentional.

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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