CONTENTS
- 1. Possession of Sexual Exploitation Material | Overview of the Case
- - Legal Information on Possession of Sexual Exploitation Material
- 2. Possession of Sexual Exploitation Material | Scope of Assistance
- - Gathering Objective Materials on the ‘Absence of Awareness That the Party Was a Minor’
- - Demonstrating the Limited Nature of the ‘Purpose and Frequency of Possession’
- - Submission of Materials in Mitigation Concerning Reflection and Social Circumstances
- 3. Possession of Sexual Exploitation Material | Result of the Case
1. Possession of Sexual Exploitation Material | Overview of the Case
The client, who was subjected to a police search and seizure on suspicion of possession of sexual exploitation material, had purchased and possessed certain videos and photographs in the course of an ordinary conversation with the other party through a chat application.
The client was unaware that the other party might be a minor, and the structure of the application made age verification difficult.
However, when the contents of the conversation with a user of the platform were later detected by the investigative authorities, the client became subject to a criminal investigation on suspicion of possession of sexual exploitation material, and the client's mobile phone was seized immediately.
In particular, the client had a prior fine in the past, and the prospect of an actual custodial sentence or detention arising from this case caused significant anxiety.
Reflecting on the client's own conduct and recognizing the need for a legal response, the client requested assistance in defending against the charge of possession of sexual exploitation material.
Legal Information on Possession of Sexual Exploitation Material
Possession of sexual exploitation material is classified as a very serious sexual offense that is subject to punishment by mere possession alone, and criminal liability is not exempted even where the material has actually been deleted.
Under Article 11, Paragraph 5 of the Act on the Protection of Children and Youth against Sexual Abuse, a person who possesses or views such material while knowing that it is sexual exploitation material may be subject to the severe penalty of imprisonment for a definite term of at least one year.
Accordingly, even if a person explains that the conduct was no more than a mistake or curiosity, this is not accepted in the legal assessment of a case involving possession of sexual exploitation material, and it is a matter that requires, from the initial stage, an accurate organization of the facts, proof of mitigating circumstances, and a legal rebuttal regarding the determination of intent.
A case of possession of sexual exploitation material does not end with the downloading of a video, and the investigative authorities make a comprehensive assessment of factors such as the attitude shown in the initial statement, the level of the suspect's awareness, and whether the conduct was repeated.
Because whether criminal punishment is imposed can vary greatly depending on the timing and strategy of the response, it is essential to construct the logic of the response with the assistance of a criminal law attorney.
2. Possession of Sexual Exploitation Material | Scope of Assistance
In a situation where a severe punishment was feared on the charge of possession of sexual exploitation material, the criminal law attorney established a systematic defense strategy centered on the key issues of the case.
Gathering Objective Materials on the ‘Absence of Awareness That the Party Was a Minor’
The attorney specializing in sexual offenses organized the circumstances that inevitably made the other party appear to be an adult, including the registration process of the chat application, the possibility of age manipulation, and the seller's sales methods.
In particular, the attorney emphasized that the platform itself was structured to require adult verification.
Demonstrating the Limited Nature of the ‘Purpose and Frequency of Possession’
The attorney organized the facts so that they could affect the sentencing for the charge of possession of sexual exploitation material, pointing out that the client had purchased only a portion of the videos two or three times within a short period and had never continuously shared or distributed them.
Submission of Materials in Mitigation Concerning Reflection and Social Circumstances
The attorney prepared a detailed account and submitted it to the investigative authorities, setting out that the client had sincerely apologized to the victim and had personally written letters of reflection on several occasions, that the victim's side had expressed an intention to settle, and that the client had lived diligently despite economic hardship while supporting a sibling with a severe disability.
3. Possession of Sexual Exploitation Material | Result of the Case
This case, in which even the possibility of detention had been feared on the charge of possession of sexual exploitation material, was concluded with a disposition of non-prosecution through the prompt and strategic response of the criminal law attorney.
For the charge of possession of sexual exploitation material, the outcome can vary substantially depending on the direction and logical structure of the initial response.
If a mere curiosity or the structural limits on awareness cannot be demonstrated, the matter may lead to punishment regardless of intent, so receiving the assistance of a legal professional from before the investigation is the safest course.
The direction of the initial response and the organization of materials alone can change whether detention occurs and the level of punishment.
If you are currently under investigation on this charge, please proceed with a consultation 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.
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