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Deals & Cases

Violation of the Act on the Protection of Children and Youth against Sexual Abuse (production and distribution of sexual exploitation material, etc.)

[Child Sexual Exploitation Material] In a Child Sexual Exploitation Material Case, a Suspension of Indictment Was Obtained With the Assistance of Criminal Defense Counsel

This is the account of a client who urgently sought the help of Daeryun Law Firm on charges of possession of child sexual exploitation material and production, distribution, etc. of child sexual exploitation material.

Can a person be punished even if the person downloaded the material without knowing it was child sexual exploitation material?

CONTENTS
  • 1. Even the Mere Possession of Child Sexual Exploitation Material
    • - What Is Child Sexual Exploitation Material?
    • - Punishment Provisions Relating to Child Sexual Exploitation Material
  • 2. Child Sexual Exploitation Material Cases Call for the Assistance of Defense Counsel
    • - Defense Strategy in a Child Sexual Exploitation Material Case
    • - Factors in Mitigation in the Child Sexual Exploitation Material Case
  • 3. Child Sexual Exploitation Material Case: A Suspension of Indictment
    • - If You Are Involved in a Child Sexual Exploitation Material Offense

1. Even the Mere Possession of Child Sexual Exploitation Material

The client, whose desktop SSD and hard disk were subjected to a search and seizure on charges of possession, production, distribution, etc. of child sexual exploitation material, urgently came to Daeryun Law Firm to receive an attorney consultation regarding the possession of child sexual exploitation material.

What Is Child Sexual Exploitation Material?

Child sexual exploitation material is so strictly regulated that mere possession can be punished.

Child sexual exploitation material is defined as follows in the Act on the Protection of Children and Youth against Sexual Abuse.

Act on the Protection of Children and Youth against Sexual Abuse

Article 2 (Definitions) The terms used in this Act are defined as follows.
1. The term “child or youth” means a person under 19 years of age. Provided, that a person who has reached January 1 of the year in which the person turns 19 is excluded.



[~ Intervening provisions omitted ~]



4. The term “act of buying sex from a child or youth” means providing or promising money, goods, or other property benefits, or the provision of an office or convenience, or other consideration, to a child or youth, a person who has arranged the act of buying sex from a child or youth, or a person who substantially protects or supervises a child or youth, and thereby having a child or youth perform, or having a child or youth caused to perform, any of the following acts.


a. Sexual intercourse
b. Pseudo-sexual intercourse using a part of the body such as the mouth or anus, or using an instrument
c. An act of contacting or exposing all or part of the body that causes a sense of sexual shame or aversion in an ordinary person
d. Masturbation



5. The term “child or youth sexual exploitation material” means material in which a child or youth, or a person or representation that can be clearly perceived as a child or youth, appears and performs any of the acts under any item of subparagraph 4 or other sexual acts, and that takes the form of a film, video, game, or an image or footage transmitted through a computer or other communications medium.

Punishment Provisions Relating to Child Sexual Exploitation Material

The punishment provisions relating to child sexual exploitation material are also prescribed in the Act on the Protection of Children and Youth against Sexual Abuse.

A provision punishing attempts can be found, and there is also an aggravated punishment provision for habitual offenders.

A person who merely ‘possesses’ or ‘views’ the material may also be subject to imprisonment for a definite term of one year or more.

Act on the Protection of Children and Youth against Sexual Abuse

Article 11 (Production, Distribution, etc. of Child or Youth Sexual Exploitation Material)

① A person who produces, imports, or exports child or youth sexual exploitation material shall be punished by life imprisonment or imprisonment for a definite term of five years or more.

② A person who, for the purpose of profit, sells, lends, distributes, or provides child or youth sexual exploitation material, or who possesses, transports, advertises, or introduces it for such purpose, or who publicly displays or screens it, shall be punished by imprisonment for a definite term of five years or more.

③ A person who distributes or provides child or youth sexual exploitation material, or who advertises or introduces it for such purpose, or who publicly displays or screens it, shall be punished by imprisonment for a definite term of three years or more.

④ A person who, knowing of circumstances indicating that child or youth sexual exploitation material will be produced, arranges a child or youth for the producer of the child or youth sexual exploitation material shall be punished by imprisonment for a definite term of three years or more.

⑤ A person who purchases child or youth sexual exploitation material, or who, knowing that it is child or youth sexual exploitation material, possesses or views it, shall be punished by imprisonment for a definite term of one year or more.

An attempt to commit the offense under paragraph (1) shall be punished.

⑦ A person who habitually commits the offense under paragraph (1) shall have the punishment prescribed for that offense increased by up to one half.

2. Child Sexual Exploitation Material Cases Call for the Assistance of Defense Counsel

In light of the punishment provisions concerning child sexual exploitation material set out above, anyone who comes to be investigated in connection with a child sexual exploitation material offense should respond with the assistance of defense counsel experienced in criminal matters.

Because there is no fine provision, treating the matter lightly may make an actual custodial sentence difficult to avoid.

Defense Strategy in a Child Sexual Exploitation Material Case

For the defense in the child sexual exploitation material case, the Daeryun Criminal Group formed a three-member criminal case team centered on attorneys experienced in child sexual exploitation material cases and reviewed the client's case.

The client, a public official, came to be investigated for having downloaded child sexual exploitation material using a torrent program and for possessing and distributing it.

Through consultation with the client, the team raised several factors in mitigation and established a defense strategy so that the case would not be indicted for trial.

Factors in Mitigation in the Child Sexual Exploitation Material Case

The facts concerning mitigation that the Daeryun criminal case team argued in the client's child sexual exploitation material case are as follows.

3. Child Sexual Exploitation Material Case: A Suspension of Indictment

With the help of the Daeryun criminal case team, the child sexual exploitation material case obtained a result of suspension of indictment.

If You Are Involved in a Child Sexual Exploitation Material Offense

If you have become a suspect in a child sexual exploitation material case and have received notice of a search and seizure or a police investigation,

please do not hesitate to consult the Daeryun Criminal Group, which has extensive experience in child sexual exploitation material cases.

With early help from the Daeryun criminal case team, the client's case was able to obtain a suspension of indictment without difficulty.

Not only in child sexual exploitation material cases but in criminal cases generally, the early response is very important, so when you become a suspect in a criminal case,

please be sure to decide on a prompt consultation and the appointment of defense counsel.

The Daeryun Criminal Group has a substantial body of data on suspension of indictment outcomes in criminal cases of this kind, and after a consultation it offers a defense solution tailored to the comparable situation.

It may be advisable to obtain the assistance of defense counsel experienced in criminal matters so that a criminal case is not indicted to the trial stage.

[아동성착취물] 아동성착취물인줄 모르고 다운로드받았다면 처벌은..

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.

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