Defense Against Child Sexual Exploitation Material Charges | Suspended Sentence for Possession of Sexual Exploitation Material

Possession of child sexual exploitation material is an act that violates the Act on the Protection of Children and Youth against Sexual Abuse, and it is a serious case in which a person may receive a prison sentence for merely possessing sexual exploitation material.

With a heavy heart, the client visited Daeryun to consult about the charge of purchasing and possessing sexual exploitation material.

Last month, while using SNS, the client discovered an SNS account that was creating and selling sexual videos.

Out of curiosity, the client expressed a desire to buy sexual exploitation material videos through the SNS account of the person featured in the videos.

After that, through monetary transactions with the account holder, the client purchased and possessed the videos on several occasions.

However, when the account holder reported the people who had purchased the videos, the client also became subject to legal action.

Fearing the fact that the person who had sold the videos was a minor, as well as the serious punishment for possession of sexual exploitation material, the client visited Daeryun, where attorneys handle such matters.

▶Act on the Protection of Children and Youth against Sexual Abuse
1. The term “child or youth” means a person under 19 years of age. However, this excludes a person who has reached January 1 of the year in which the person turns 19.

5. The term “child or youth sexual exploitation material” means material that depicts a child or youth, or a person or representation that can clearly be perceived as a child or youth, engaging in any of the acts set forth in any item of subparagraph 4 or in other sexual conduct, and that takes the form of a film, video, game, or an image or video transmitted through a computer or other communication medium.

▶Penalty Provisions Related to Child Sexual Exploitation Material

- The penalty provisions related to child sexual exploitation material are also set forth in the Act on the Protection of Children and Youth against Sexual Abuse.

- Provisions punishing attempts can be found, and there are also provisions for the aggravated punishment of habitual offenders.

- A person who merely “possesses” or “views” such material may also be subject to imprisonment for a definite term of one year or more.

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

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 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 the circumstance that child or youth sexual exploitation material will be produced, arranges for a child or youth to be presented to the producer of such 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 possesses or views it knowing it to be such material, shall be punished by imprisonment for a definite term of one year or more.

⑥ An attempt to commit the crime under paragraph 1 shall be punished.

⑦ A person who habitually commits the crime under paragraph 1 shall have the penalty prescribed for that crime increased by up to one half.

The client recognizes the gravity of having purchased and possessed sexual exploitation material.

The client also regrets having caused social controversy through this wrongful conduct.

An attorney at Daeryun emphasized that the client was showing deep remorse.

The client, who purchased and possessed child sexual exploitation material, was a first-time offender with no prior record of sex crimes.

The client pledged that, taking this case as a lesson, he would never reoffend.

An attorney at Daeryun argued that, although the client possessed sexual exploitation material, this case would serve as an occasion for the client to reflect once again on the Act on the Protection of Children and Youth against Sexual Abuse and on sexual exploitation material.

The client purchased and possessed the account holder's sexual exploitation material videos.

However, it was established that there was no history whatsoever of the client redistributing or selling the sexual exploitation material.

An attorney at Daeryun argued that the client had not sold or distributed the sexual exploitation material and appealed for a reduction of the sentence.

For child sexual exploitation material, a person may be subject to serious punishment not only for sale or distribution but also simply for the fact of purchase and possession.

Although the client committed a sexual exploitation material offense, with the help of an attorney at Daeryun the outcome was limited to a suspended sentence.

If, like the client above, you have concerns about a possession of sexual exploitation material offense or a similar offense, please reach out to Daeryun Law Firm.