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Deals & Cases

Violation of the Act on the Protection of Children and Youth against Sexual Abuse

Gangneung Criminal Attorney | Assisting a Client Charged Under the Act on the Protection of Children and Youth Against Sexual Abuse to Obtain a Non-Referral Decision

The client was booked on charges of storing, viewing, and distributing child sexual exploitation material after such a file was downloaded without the client's knowledge while downloading an illegal torrent file.

CONTENTS
  • 1. Gangneung Criminal Attorney | Facts of the Case
    • - Gangneung Criminal Attorney | Booked on Charges of Storing, Viewing, and Distributing Child Sexual Exploitation Material
  • 2. Gangneung Criminal Attorney | The Attorney's Defense
    • - Gangneung Criminal Attorney | Never Even Viewed the Video Suspected of Distribution
    • - Gangneung Criminal Attorney | No Violation of the Act on the Protection of Children and Youth Against Sexual Abuse
  • 3. Gangneung Criminal Attorney | Penalties for Violation of the Act on the Protection of Children and Youth Against Sexual Abuse
  • 4. Gangneung Criminal Attorney | Client Cleared of Suspicion Through a Non-Referral Decision

1. Gangneung Criminal Attorney | Facts of the Case

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The client frequently used illegal torrent sites.

The client used them unlawfully, downloading films, variety shows, and other video content, as well as large quantities of foreign adult videos, for viewing.

Because illegal torrent sites share files through a P2P method that automatically distributes them to other users upon download alone, automatic distribution occurred even though the client did not intend to distribute anything voluntarily.

Gangneung Criminal Attorney | Booked on Charges of Storing, Viewing, and Distributing Child Sexual Exploitation Material

The client explained that when downloading videos using torrents, unwanted videos were sometimes downloaded together, and that in such cases the client tended to briefly review the content and delete it right away.

However, the police, who conducted a search and seizure, showed the client a still image from a video the client had never seen before and booked the client without detention on charges of storing, viewing, and distributing that material.

Greatly alarmed by the investigative agency's statement that this unfamiliar video had been traced through the IP at the client's residence, the client strongly maintained that the client had never once in life viewed child sexual exploitation videos.

The client then came to the attorney and conveyed a sense of injustice.

The client worried that, perhaps, child sexual exploitation videos had been downloaded and stored alongside other adult videos, and that the client may have deleted them without even realizing it.

2. Gangneung Criminal Attorney | The Attorney's Defense

The attorney assisted the client and made every effort to prove that no such conduct had occurred.

Gangneung Criminal Attorney | Never Even Viewed the Video Suspected of Distribution

The client acknowledged the unlawful conduct of routinely downloading and viewing other videos illegally through torrents, but maintained that the client had never stored, viewed, or distributed any video involving child sexual exploitation material.

This was because the child sexual exploitation material still image (a captured photo) that the police had shown the client was content the client was seeing for the first time.

The client argued that, even if such material had been downloaded by mistake, the client frequently reviewed and then deleted any video files in possession, and that no evidence whatsoever related to child sexual exploitation files was found within the files that were searched and seized.

Gangneung Criminal Attorney | No Violation of the Act on the Protection of Children and Youth Against Sexual Abuse

The client argued that, being aware that the penalties for videos involving child sexual exploitation material are severe and having no interest in such content, the client had never once viewed it.

The client testified that, in case of automatically playing videos that were not played voluntarily, the client made efforts not to view them by skipping past them.

Accordingly, the client argued that, as there was no violation of the Act on the Protection of Children and Youth Against Sexual Abuse at all, there was no offense.

3. Gangneung Criminal Attorney | Penalties for Violation of the Act on the Protection of Children and Youth Against Sexual Abuse

The attorney explained the legal provisions related to violation of the Act on the Protection of Children and Youth Against Sexual Abuse as follows.

Article 2 of the Act on the Protection of Children and Youth Against Sexual Abuse

Child sexual exploitation material refers to material in the form of a video depicting a person or representation that can clearly be recognized as a child or youth engaging in sexual intercourse; pseudo-sexual intercourse using the mouth, anus, or another part of the body or a tool; an act of contacting or exposing all or part of the body that causes an ordinary person to feel sexual shame or aversion; masturbation; or similar conduct.

Article 11 of the Act on the Protection of Children and Youth Against Sexual Abuse

A person who produces, imports, or exports child or youth sexual exploitation material is punished by life imprisonment or imprisonment for a definite term of at least five years. An attempt is also punishable.

In addition, a person who, for profit, sells, leases, distributes, or provides child or youth sexual exploitation material, or who possesses, transports, advertises, or introduces it for such a purpose, or publicly displays or screens it, is punished by imprisonment for a definite term of at least five years.

The attorney noted that, because penalties for child sexual exploitation material have been strengthened, including the abolition of fines, care must be taken not to play, view, store, or distribute such videos, even by mistake.

4. Gangneung Criminal Attorney | Client Cleared of Suspicion Through a Non-Referral Decision

With the attorney's assistance, the client was able to obtain a finding of no suspicion of crime together with a non-referral decision.

The client deleted all files related to illegal torrents and stated that the client would never use such sites again.

If you have experienced an injustice over something you did not do voluntarily, as in this case, come to a 🔗Gangneung attorney for a consultation.

We will assist so that clients are not subjected to unfounded charges.

강릉형사변호사 | 아청법 위반 의뢰인 도와 불송치 결정

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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