CONTENTS
- 1. The Client Charged With Possession of Sexual Exploitation Material
- 2. Level of Punishment for the Possession of Sexual Exploitation Material Charge
- 3. Defense of the Client Charged With Possession of Sexual Exploitation Material
- - Client Charged With Possession of Sexual Exploitation Material “Is Showing Genuine Remorse”
- - Client Charged With Possession of Sexual Exploitation Material “Is a First-Time Offender With No Prior Record of Same or Other Offenses”
- 4. Judgment for Client Charged With Possession of Sexual Exploitation Material
1. The Client Charged With Possession of Sexual Exploitation Material
This is the account of a client who sought assistance on charges of possession of sexual exploitation material.
The client had only recently begun working life and, while browsing social media, came across a post advertising the sale of a video depicting the sexual acts of a young girl.
Out of curiosity, the client contacted the author of the post, paid the purchase price, and purchased a total of about 700 nude photos and videos of the young girl.
From that point on, the client stored and possessed child and youth sexual exploitation material.
The client subsequently also accessed a group chat room on social media and viewed videos posted by someone in which children and youth engaged in masturbation or sexual acts.
As the seller who had sold the videos to the client was apprehended, the client's charges were also uncovered.
The client sought assistance from an attorney, saying that he appeared likely to be severely punished on charges such as possession of sexual exploitation material.
2. Level of Punishment for the Possession of Sexual Exploitation Material Charge
A person charged with possession of sexual exploitation material may be punished at the level below, in accordance with the Act on Special Cases concerning the Punishment of Sexual Crimes.
Act on Special Cases concerning the Punishment of Sexual Crimes
② A person who distributes, sells, leases, provides, or publicly displays or screens the filmed material or its copies under paragraph (1), or who, even where the filming was not against the will of the person filmed at the time of filming, subsequently distributes or otherwise handles the filmed material or its copies against the will of the person filmed, shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won.
④ A person who possesses, purchases, stores, or views the filmed material or its copies under paragraph (1) or (2) shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
However, the sexual exploitation material that the client purchased, possessed, and viewed was 🔗child sexual exploitation material, and in this case, with no upper limit on the sentence and no option of a fine, a person may be punished at the level below.
Act on the Protection of Children and Youth against Sexual Abuse
3. Defense of the Client Charged With Possession of Sexual Exploitation Material
For the client facing the risk of punishment on charges of possession of sexual exploitation material, the attorney mounted the following defense.
Client Charged With Possession of Sexual Exploitation Material “Is Showing Genuine Remorse”
The attorney emphasized that the client charged with possession of sexual exploitation material is showing genuine remorse.
The client has come to realize that the victims may suffer greatly because of his wrongful conduct, and he lives with remorse each day.
The client has since taken sex-offense prevention education on his own and is resolved never to reoffend.
Client Charged With Possession of Sexual Exploitation Material “Is a First-Time Offender With No Prior Record of Same or Other Offenses”
The attorney emphasized that the client charged with possession of sexual exploitation material is a first-time offender with no prior record of the same or other offenses.
The client has always observed the law and lived as a diligent member of society, so it is clear that he will not commit any offense going forward.
4. Judgment for Client Charged With Possession of Sexual Exploitation Material
As a result of the attorney stepping in for the client charged with possession of sexual exploitation material, the court handed down a suspended sentence.
The client had purchased, possessed, and viewed child and youth sexual exploitation material among such material, and faced a likely sentence of imprisonment for a definite term of at least one year, for which there is no statutory upper limit.
With the attorney's assistance, it was possible to successfully avoid an actual custodial sentence.
If you, like the client in this case, are charged with possession of sexual exploitation material or viewing or purchasing child and youth sexual exploitation material and face the risk of an actual custodial sentence, you may at any time 🔗request an attorney and seek assistance.
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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