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Deals & Cases

Violation of the Act on the Protection of Children and Youth

Gwangju Attorney | Charge of Producing and Distributing Child Sexual Exploitation Material, Suspension of Indictment

The client was accused by an unidentified person after an illustration the client had drawn was classified as sexual exploitation material. To defend against this, the client urgently came to a Gwangju criminal attorney.

CONTENTS
  • 1. Gwangju Attorney | Background of the Case
    • - The Reason for Producing the Illustrations
    • - Distribution by an Unidentified Person
    • - The Reason for Coming to the Gwangju Attorney
  • 2. Gwangju Attorney | Review of the Case
    • - The Issues in the Case
  • 3. Gwangju Attorney | The Defense Argument
    • - It Does Not Appear to Be Material Subject to the Act on the Protection of Children and Youth against Sexual Abuse
    • - There Was No Generation of Profit
    • - A First-Time Offender with No Prior Record of the Same Kind
  • 4. Gwangju Attorney | A Suspension of Indictment Through the Gwangju Attorney's Assistance

1. Gwangju Attorney | Background of the Case

The client was serving as the head of a company that ran play activities for children.

Meanwhile, the client drew illustrations as a hobby and uploaded them online, building a second career as an illustrator.

Gradually, however, the client developed a desire to gain fame as an illustrator, and as a result began drawing adult content, which became the issue.

The Reason for Producing the Illustrations

The client had steadily drawn illustrations and uploaded them online for about five years but had not gained much popularity.

In the end, in order to gain wider word of mouth and fame, the client decided to draw adult content.

The client produced a total of 50 pieces of adult content, some of which included drawings reminiscent of children and youth.

Distribution by an Unidentified Person

One day, an unidentified person proposed a collaboration to the client and received the client's drawings.

Told that the drawings could become known to more people, the client lent out a social media account.

The unidentified person then uploaded material to the client's social media, and the client came to face a charge of distributing child and youth sexual exploitation material and was eventually accused before the investigative authorities.

The Reason for Coming to the Gwangju Attorney

The client in this case came to Daeryun Law Firm out of trust in its system for accompanying clients to police questioning and assigning a dedicated attorney to each case.

Daeryun Law Firm assigns an attorney suited to each type of case, accompanies clients to police questioning to prevent unfavorable statements, and responds systematically through the subsequent procedures.

In this way, the firm manages clients' legal risks in advance and establishes contingency strategies to present prompt responses.

2. Gwangju Attorney | Review of the Case

After closely identifying the issues in the case, the Gwangju attorney sought the best approach to provide the client with the necessary legal assistance.

In particular, the attorney actively drew on recent court precedents to support the scope of the legal interpretation and identified the client's position.

The Issues in the Case

Issue

Content

Whether It Is a Fictional Creative Work

The illustrations at issue were fictional creative works rather than real persons and did not fall under the "child and youth obscene material" defined in the Act on the Protection of Children and Youth against Sexual Abuse

The Issue of the Scope of Application of the Act on the Protection of Children and Youth against Sexual Abuse

Applying the Act on the Protection of Children and Youth against Sexual Abuse even to cases in which actual children and youth were not directly or indirectly involved was problematic

The Possibility of Violating the Principle of Legality

The standard for an "expression that can be clearly perceived as a child or youth" defined in Article 2, Subparagraph 5 of the Act on the Protection of Children and Youth against Sexual Abuse was ambiguous,

creating a risk that the scope of punishment could be arbitrarily expanded

Concern over Infringement of Freedom of Expression

Judging solely by the outward appearance of an expressive work without a clear standard

could heighten the concern of infringing on freedom of expression

Interpretation of Supreme Court Precedent

Citing Supreme Court Decision 2013Do4503, rendered September 24, 2014, merely because the characters appear young

it was improper to regard a work as "child and youth obscene material"

The Issue of Legal Equity and Severity of Punishment

Compared with the distribution of ordinary obscene material, the distribution of child and youth obscene material under the Act on the Protection of Children and Youth against Sexual Abuse carries excessively heavy penalties,

and punishing purely creative works in the same way could run counter to the principle of proportionality in the penal system

The Gwangju attorney explained that it was necessary to emphasize that the client's creative work was a purely fictional expressive work.

However, a review of the court's rulings showed that fictional expressive works had been recognized as potentially subject to the Act on the Protection of Children and Youth against Sexual Abuse, so the court's judgment could vary depending on the specific context.

In the end, it was necessary to raise a legal argument over whether the Act on the Protection of Children and Youth against Sexual Abuse applied, on the ground that the client had not distributed the material directly.

3. Gwangju Attorney | The Defense Argument

After analyzing the issues, the Gwangju attorney presented a defense that could deny part of the client's charges.

It Does Not Appear to Be Material Subject to the Act on the Protection of Children and Youth against Sexual Abuse

The illustrations the client drew could be somewhat sexually provocative, but the client had not produced any character based on an actual child or youth.

In particular, the attorney emphasized that the characters' features and storylines did not establish them as children or youth, and that, as purely fictional creative works, they could be clearly distinguished as fictional cartoon characters rather than real persons even from the perspective of an average member of society.

There Was No Generation of Profit

The client, on a momentary impulse, lent the social media account ID after the unidentified person proposed a collaboration, and as a result numerous creative works were uploaded, but these were not posted by the client directly.

The client also explained that the client had not been able to check which drawings were being posted and had not generated any actual profit merely from the uploads to social media.

A First-Time Offender with No Prior Record of the Same Kind

The client 🔗violated the Act on the Protection of Children and Youth against Sexual Abuse but was a first-time offender with no prior record of the same kind.

The attorney argued that if a custodial sentence were imposed over this matter, an employment restriction order could be issued against the company where the client served as head, posing a serious threat to the livelihoods of the employees and the client.

4. Gwangju Attorney | A Suspension of Indictment Through the Gwangju Attorney's Assistance

Daeryun Law Firm Gwangju attorney case of producing and distributing child sexual exploitation material

🔗Gwangju attorney With the assistance of the Gwangju attorney, the client received a suspension of indictment for 🔗child and youth sexual exploitation material on the condition of completing an education program and was able to avoid a custodial sentence.

The prosecution issued this disposition in consideration of the facts that the content consisted of illustrations featuring only fictional characters and were not large in number, that the client showed remorse for the offense, and that the client pledged to faithfully complete the recidivism prevention education.

광주변호사 불기소

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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