CONTENTS
- 1. Child Sexual Exploitation Material | Details of the Case
- 2. Child Sexual Exploitation Material | The Assistance Provided
- - Establishing the Circumstances of Possession and the Absence of Distribution
- - Establishing a Temporary Lapse Based on Sexual Curiosity and Demonstrating Remorse
- - Securing Materials on the Guardian's Commitment and the Low Likelihood of Recidivism
- 3. Child Sexual Exploitation Material | Result of the Case
- - Legal Information Related to Child Sexual Exploitation Material Cases
- - If You Have Been Implicated in a Charge of Possessing Child Sexual Exploitation Material
1. Child Sexual Exploitation Material | Details of the Case
A youth client who received child sexual exploitation material via Instagram and stored it on a smartphone came to be investigated on a charge of possessing child and youth sexual exploitation material.
While accessing social media out of sexual curiosity, the client received the material in question and, after viewing it, did not delete it immediately but kept it stored on a personal mobile phone.
A record of the material's storage subsequently remained, and as a result an investigative agency conducted a preliminary inquiry.
Child sexual exploitation material cases are offenses for which even mere viewing or temporary storage can be subject to punishment, and the investigative agency came to review the possibility of a protective disposition, focusing on whether the client's conduct constituted 'possession' under the law.
In particular, given that the material in question had actually been transmitted and remained stored on the mobile phone, the client's conduct was a matter that could not be viewed lightly.
Although the client had not distributed the material externally or re-transmitted it to others, the client bore responsibility for failing to take steps to delete it and keeping it stored without recognizing that it was sexual exploitation material featuring a child or youth. As a result, the client came to face a situation in which the possibility of referral to a juvenile protection case had to be considered.
2. Child Sexual Exploitation Material | The Assistance Provided
Taking into account the nature of the child sexual exploitation material case, the client's age, and the circumstances of the conduct in a comprehensive manner, assistance was provided to convey accurately the essential nature of the matter.
Establishing the Circumstances of Possession and the Absence of Distribution
The attorney specializing in sexual offenses acknowledged that the client had simply viewed the material in question and then kept it, but focused on establishing that the source of the material had been received from outside and that the client had neither distributed it nor had any purpose of storing it.
In particular, in order to prove objectively that there was no indication of distribution whatsoever, the attorney proceeded with cooperation in digital forensics.
Establishing a Temporary Lapse Based on Sexual Curiosity and Demonstrating Remorse
It was stated that the client was a 15-year-old minor who, with no established sexual values, was driven to the offense impulsively out of sexual curiosity.
The attorney specializing in sexual offenses emphasized that, after the incident, the client had voluntarily taken measures such as closing the social media account, fully deleting the material, and restricting mobile phone use. The attorney also submitted the student's own letter of apology and the guardian's educational plan to prove the sincerity of the remorse.
Securing Materials on the Guardian's Commitment and the Low Likelihood of Recidivism
The attorney specializing in sexual offenses heard from the client's parents about their strong sense of responsibility for guiding their child and their concrete plan to prevent recidivism, organized this into a written statement and an educational guidance plan, and submitted it to the probation office and the juvenile division.
The attorney also submitted materials showing that the client ordinarily lived diligently in school life and had participated in volunteer activities, and that the client was a student with a strong sense of community, thereby highlighting that the likelihood of recidivism was extremely low.
3. Child Sexual Exploitation Material | Result of the Case
With the assistance of the attorney specializing in child sexual exploitation material, the client received, instead of criminal punishment, a protective disposition of 'entrustment to a guardian's protective custody'.
Entrustment to a guardian's protective custody is a relatively light protective disposition under the Juvenile Act, a method that has the juvenile live under the guidance of a guardian so as to induce correction and reflection.
This outcome was the result of the organic interplay of the client's voluntary remorse, the guardian's active efforts to prevent recidivism, and the strategic response of the attorney specializing in sexual offenses.
Legal Information Related to Child Sexual Exploitation Material Cases
According to Article 11, Paragraph 5 of the Act on the Protection of Children and Youth against Sexual Abuse, child sexual exploitation material is subject to punishment even for 'mere possession.'
In particular, because merely storing a video or photograph after viewing it constitutes 'possession' under the law, it is regarded as a serious offense even without a purpose of distribution.
Situation | Recommended response | Points to note |
|---|---|---|
Existence of the fact of storing and viewing the material | Immediate deletion and submission of a sincere letter of apology | Caution where there is a record of repeated viewing |
Receipt via social media | Clear statement of the source and circumstances | Emphasis that it was not a voluntary download |
In the case of a minor | Emphasis on the need for protection under the Juvenile Act | Establishing the age, maturity, and guidance environment |
Where the guardian's cooperation is available | Submission of a written statement and an educational plan | Including measures for preventing recidivism and providing life guidance |
If You Have Been Implicated in a Charge of Possessing Child Sexual Exploitation Material
A case of possessing child sexual exploitation material can be judged a serious offense in legal terms even if it occurred merely on impulse. In particular, in the case of a minor, depending on whether a protective disposition is imposed, substantial disadvantages may arise in future matters such as advancement to higher education, employment, and external activities.
Where a momentary choice in a digital environment unintentionally leads to a criminal disposition, it is very important, from the early stages of the case, to clarify the facts through professional legal assistance and to establish a strategy that explains the likelihood of recidivism and the potential for growth from multiple angles.
Because an unnecessary stigma may remain if an appropriate response cannot be made even at the stage of a protective disposition, please do not agonize alone but seek help right now through a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
