CONTENTS
- 1. Client Charged with Violation of the Act on the Protection of Children and Youth against Sexual Abuse
- - Circumstances Giving Rise to the Case
- 2. Response Strategy for the Case Involving Violation of the Act on the Protection of Children and Youth against Sexual Abuse
- - The File-Sharing Structure and Intent to Distribute
- - Sincere Remorse and Measures to Prevent Recidivism
- - First-Time Offender Status and the Possibility of Rehabilitation
- 3. Final Result of the Charge under the Act on the Protection of Children and Youth against Sexual Abuse, “Suspended Sentence”
- 4. Violation of the Act on the Protection of Children and Youth against Sexual Abuse, Standards of Punishment
- - FAQ
- 5. If You Are Facing a Charge under the Act on the Protection of Children and Youth against Sexual Abuse
1. Client Charged with Violation of the Act on the Protection of Children and Youth against Sexual Abuse
The client, who was indicted for a violation of the Act on the Protection of Children and Youth against Sexual Abuse (possession and distribution), was in urgent need of a response in order to avoid an actual custodial sentence.
Accordingly, the client sought out an attorney with extensive experience in related cases who specializes in sexual offense matters and requested assistance.
Circumstances Giving Rise to the Case
The client charged with a violation of the Act on the Protection of Children and Youth against Sexual Abuse is a university student who downloaded the video file in question while using a torrent program.
The video contained sexual scenes featuring a minor, and due to the structure of the program, sharing occurred simultaneously with the download.
The client had not clearly recognized that the file was being shared automatically, but as a result, he found himself facing not only a charge of possessing child sexual exploitation material but also a charge of distribution.
After receiving a request to appear from the investigative authorities, the client, having become aware that the penalties for a violation of the Act on the Protection of Children and Youth against Sexual Abuse are very severe, felt a serious threat to his studies, social life, and overall career path.
Accordingly, judging that a strategic response was necessary from the early stages of the case, the client requested the assistance of an attorney specializing in sexual offense cases.
2. Response Strategy for the Case Involving Violation of the Act on the Protection of Children and Youth against Sexual Abuse
After conducting a consultation with the client, the attorney specializing in sexual offense cases collaborated with a digital forensics center to conduct a detailed analysis of the investigation records and the seized electronic information.
▶ Key Points of Review
- The program logs and whether automatic sharing was enabled
- The actual scope of data transmitted externally
Through this, the attorney systematically organized materials capable of demonstrating that the client did not engage in active conduct for the purpose of distributing child sexual exploitation material, but that the result arose from the structure of the program.
In addition, the attorney secured materials demonstrating the client's remorseful attitude, his efforts to prevent recidivism, and his diligence in his daily life, and reflected these in the sentencing strategy.
The File-Sharing Structure and Intent to Distribute
Owing to the characteristics of the torrent-based program, the file in question was structured to be shared automatically at the same time as the download.
Through digital forensic analysis, the attorney specializing in sexual offense cases objectively demonstrated that there had been no conduct for the purpose of distribution and that the scope of sharing had occurred according to the default settings of the program.
On this basis, the attorney emphasized that the client had no intent to distribute child sexual exploitation material.
Sincere Remorse and Measures to Prevent Recidivism
During the investigation and trial, the client did not deny the charges and acknowledged all of the facts.
In addition, in order to prevent recidivism, the client completed a sexual offense prevention education program and concurrently received counseling from a specialist, continuing his efforts to reflect on his conduct.
By organizing and submitting the relevant certificate of course completion, the counseling opinion, and a letter of apology, the attorney specializing in sexual offense cases emphasized that the client's attitude reflected a genuine intent to improve rather than a formal aim of obtaining a reduced sentence.
First-Time Offender Status and the Possibility of Rehabilitation
The client was a first-time offender with no prior record of criminal punishment of any kind, and he had diligently maintained his studies and daily life.
The attorney specializing in sexual offense cases emphasized that the incident had arisen in an accidental situation and, despite the case being a violation of the Act on the Protection of Children and Youth against Sexual Abuse, actively explained that the risk of recidivism was low and that the possibility of rehabilitation was sufficient.
In support of this, the attorney submitted the client's school records and letters of appeal from those around him, demonstrating that there was a sufficient foundation for the client to return as a member of society.
3. Final Result of the Charge under the Act on the Protection of Children and Youth against Sexual Abuse, “Suspended Sentence”
The court imposed a suspended sentence on the client rather than an actual custodial sentence.
The fact that the client was a first-time offender with no prior record of criminal punishment of any kind before this case, and the fact that he acknowledged all of the facts of the offense during the investigation and trial while showing a sincerely remorseful attitude, served as favorable circumstances in the sentencing determination.
In addition, through digital forensic analysis, it was clearly established that it was difficult to find that the client had acted with the intent or purpose of actively disseminating child sexual exploitation material.
As a result, the client was able to avoid an actual custodial sentence and return to his daily life.
4. Violation of the Act on the Protection of Children and Youth against Sexual Abuse, Standards of Punishment
The Act on the Protection of Children and Youth against Sexual Abuse is a statute that provides for special cases concerning the punishment of, and procedures for, sexual offenses targeting children and youth.
Article 11 of the Act on the Protection of Children and Youth against Sexual Abuse prohibits acts such as the production and distribution of child sexual exploitation material.
This provision sets different levels of punishment depending on the type of conduct, and even in cases limited to simple possession, a heavy sentence may be imposed, so particular caution is required.
▶ Conduct Subject to Article 11 of the Act on the Protection of Children and Youth against Sexual Abuse
- Possession, transport, advertising, or display for profit
- Simple distribution, provision, or screening
- Arrangement for the production of sexual exploitation material
- Purchase, possession, or viewing of sexual exploitation material
The levels of punishment by type of conduct are as follows.
▶ Levels of Punishment
Conduct | Level of Punishment |
Producing, importing, or exporting child or youth sexual exploitation material | Life imprisonment or imprisonment for at least 5 years |
Possessing, transporting, advertising, introducing, displaying, or screening for profit | Imprisonment for a definite term of at least 5 years |
Simple distribution or provision, advertising or introduction, displaying, or screening | Imprisonment for a definite term of at least 3 years |
Arranging children or youth to a producer of sexual exploitation material | Imprisonment for a definite term of at least 3 years |
Purchasing, possessing, or viewing child sexual exploitation material | Imprisonment for a definite term of at least 1 year |
Habitually producing, importing, or exporting child or youth sexual exploitation material | Aggravated by up to one-half of the statutory penalty |
FAQ
The court closely examines whether the defendant participated in the offense in a passive manner and whether, during the investigation, he acknowledged the charges and is sincerely remorseful.
In addition, where the defendant cooperated faithfully with the investigation and is a first-time offender with no prior record of criminal punishment, this may be considered as grounds for a reduced sentence.
Furthermore, where genuine efforts to prevent the spread of harm, such as deleting the material in question to prevent its further dissemination, are confirmed, this can serve as a favorable factor in sentencing.
In the actual case as well, although the file in question was deleted after being downloaded through a torrent program, the download records, program logs, and other data were confirmed through digital forensic analysis.
In particular, because file-sharing programs such as torrents may leave records of network transmission at the same time as the download, it is difficult to escape a charge under the Act on the Protection of Children and Youth against Sexual Abuse through simple deletion alone.
Therefore, it is important to clearly identify what records remain and what elements may be legally problematic on the basis of the digital forensic results, and then to set an appropriate direction for the response.
5. If You Are Facing a Charge under the Act on the Protection of Children and Youth against Sexual Abuse
The judiciary regards offenses involving sexual exploitation material targeting children as serious crimes that infringe upon human dignity and worth, and accordingly applies very strict standards of punishment to matters involving violations of the Act on the Protection of Children and Youth against Sexual Abuse.
Given these characteristics, when one is charged with possession or distribution of child sexual exploitation material, it is important to accurately analyze the remaining digital records and to establish a response strategy based on the forensic results.
Drawing on its experience in responding to digital sexual offense cases, including violations of the Act on the Protection of Children and Youth against Sexual Abuse, this firm reviews the digital materials secured during the investigation stage and designs a strategy focused on the core issues of the case.
The firm also provides step-by-step legal assistance tailored to the progress of the case, from the investigation stage through to the trial stage.
If you require legal assistance in a situation similar to the case above, please feel free to request assistance through 🔗Legal Consultation Booking at any time.
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