CONTENTS
- 1. The Client Who Requested Assistance on a Charge of Possessing Child and Youth Sexual Exploitation Material
- - The Concept of Possession of Child Sexual Exploitation Material and the Level of Punishment
- 2. Defense Assistance for a Client Charged With Possessing Child and Youth Sexual Exploitation Material
- 3. Client Charged With Possessing Child and Youth Sexual Exploitation Material Succeeds in Concluding the Case With a Suspension of Indictment Under the Act on the Protection of Children and Youth Against Sexual Abuse
1. The Client Who Requested Assistance on a Charge of Possessing Child and Youth Sexual Exploitation Material
This is a client who requested assistance on a charge of possessing child and youth sexual exploitation material.
The client was investigated by the investigative authorities on a charge of having downloaded and possessed a total of 10 items of child and youth sexual exploitation material.
The client was very afraid of receiving a heavy punishment.
The client chose Daeryun Law Firm and requested its defense.
The Concept of Possession of Child Sexual Exploitation Material and the Level of Punishment
🔗Child sexual exploitation material refers to material in which a child or youth, or a person or representation that can clearly be perceived as a child or youth, appears engaging in any one of the following acts or in other sexual conduct, expressed in the form of film, video, a game product, or images or footage transmitted through a computer or other communications medium.
-Sexual intercourse
-Pseudo-sexual intercourse using part of the body, such as the mouth or anus, or using an instrument
-An act of contacting or exposing all or part of the body that causes sexual shame or revulsion in an ordinary person
-Masturbation
If a charge such as the above is established, the person may be punished under what is commonly referred to as the 🔗Act on the Protection of Children and Youth Against Sexual Abuse. However, where there are grounds for leniency, such as being a first-time offender or showing remorse, there have also been cases in which criminal punishment was avoided through a disposition of ‘suspension of indictment under the Act on the Protection of Children and Youth Against Sexual Abuse.’
A person who produces, imports, or exports child and youth sexual exploitation material is subject to life imprisonment or imprisonment for at least five years.
For a habitual offender, the sentence may be aggravated by up to one half, and an attempt is also punishable.
A person who, for profit, sells, lends, distributes, or provides such sexual exploitation material, or who publicly exhibits or screens it for such purposes, is subject to imprisonment for a definite term of at least five years.
A person who purchases child and youth sexual exploitation material, or who possesses or views it while knowing its nature, is subject to imprisonment for a definite term of at least one year.
Suspension of Indictment Under the Act on the Protection of Children and Youth Against Sexual Abuse, Precedents Relating to Possession of Sexual Exploitation Material
1. A Precedent on the Possession of Child Sexual Exploitation Material
The defendant possessed videos secretly filming female students living in a high school dormitory while they were nude after undressing.
The Supreme Court held that the videos depicted ‘an act of contacting or exposing all or part of the body that causes sexual shame or revulsion in an ordinary person’ and therefore constituted child and youth sexual exploitation material.
Accordingly, the defendant was sentenced to two years and six months of imprisonment, 40 hours of a sexual violence treatment program, and a five-year restriction on employment at institutions related to children and youth.
2. A High Court Precedent Holding That a Compressed File Also Constitutes Possession
The defendant downloaded and viewed child and youth sexual exploitation material and then stored some of it on a mobile phone in the form of compressed files.
The court held that storage in the form of compressed files also constitutes possession.
Accordingly, the defendant was sentenced to one year and six months of imprisonment, three years of a suspended sentence, 120 hours of community service, and 40 hours of sexual violence treatment lectures.
2. Defense Assistance for a Client Charged With Possessing Child and Youth Sexual Exploitation Material
For the client who was under investigation on a charge of possessing child and youth sexual exploitation material, defense assistance was provided with the goal of obtaining a disposition of suspension of indictment under the Act on the Protection of Children and Youth Against Sexual Abuse.
The Client's Acknowledgment of the Alleged Facts and Argument of Remorse
The attorney argued that the client acknowledged all of his wrongdoing and was sincerely remorseful.
While being investigated by the investigative authorities, the client came to deeply realize how serious a wrong he had committed, resolved never to repeat the same mistake, and spent each day in remorse.
The attorney submitted the letter of apology written by the client, emphasized that he was sincerely remorseful, and requested leniency.
Argument That the Client Had No Other Criminal Record
The attorney argued that, apart from the criminal conduct in this case, the client had no record of criminal punishment whatsoever.
The client had ordinarily lived diligently with a law-abiding spirit and had committed no unlawful act.
The attorney emphasized that it would be unjust for the client to receive a severe punishment for a single moment's mistake.
3. Client Charged With Possessing Child and Youth Sexual Exploitation Material Succeeds in Concluding the Case With a Suspension of Indictment Under the Act on the Protection of Children and Youth Against Sexual Abuse
The client charged with possessing child and youth sexual exploitation material received a decision of suspension of indictment under the Act on the Protection of Children and Youth Against Sexual Abuse, conditioned on completing an educational program, and succeeded in concluding the case.
According to statistics released by the Ministry of Gender Equality and Family in 2024, sexual violence offenses numbered 40,515 as of 2022, a 32.6% increase compared with 30,560 in 2015.
In addition, the number of digital sex crimes recorded by the police in 2022 was 19,028.
Of these, child and youth sexual exploitation material offenses numbered 1,598 in 2022, a 2.5-fold increase from 644 in 2015.
As digital sex crimes increase, the courts have shown a tendency to impose increasingly severe punishments for such offenses.
This is because digital sex crimes cause serious psychological and social harm to victims, and because, given the nature of digital content, there is a high likelihood that the harm will be repeated and expanded.
For this reason, if you become involved in a related charge, it is important above all to respond quickly with the assistance of an attorney from the early stages of the case.
Upon receiving an inquiry, Daeryun Law Firm has an attorney conduct a consultation at the same time and forms a team to provide a tailored response strategy for the prompt conclusion of the client's case.
If you need the assistance of an attorney in a situation such as the above, we invite you to receive a 🔗attorney referral from Daeryun.
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.
