CONTENTS
- 1. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Background of the Police Questioning Case
- - Reason for Being Subject to Police Questioning
- - The Client's Arguments
- 2. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Case Review
- - Issues
- - What Is Possession of Child and Youth Sexual Exploitation Material?
- 3. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Substance of the Assistance
- 4. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Defense Against a Custodial Sentence Through a Suspension of Indictment
1. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Background of the Police Questioning Case
The client who violated the Act on the Protection of Children and Youth against Sexual Abuse, while regularly encountering obscene postings through social media, came to receive a link to an obscene video through a paid Twitter circle.
The video featured a person who appeared to be a child or youth, and it was found that the client saved and then watched it.
As this fact was confirmed through a police investigation, the client was booked on a charge of violating the Act on the Protection of Children and Youth against Sexual Abuse and came to undergo police questioning under that Act.
Reason for Being Subject to Police Questioning
While the client had been watching obscene material through Telegram and Twitter, he received a link to a particular obscene video through a paid account, and downloaded and watched it.
Afterward, as the investigation into that paid account began in earnest, the police searched and seized the financial accounts and digital devices of the persons under investigation, and in that process the client's deposit records and saved video files were also secured.
Accordingly, the police, on a charge of possessing and watching obscene material featuring children or youth, conducted 🔗police investigation contact and came to investigate the client.
The Client's Arguments
Argument |
① The client viewed the video without clearly recognizing that it was illegal obscene material featuring children or youths ② It was mixed in with various obscene materials, and it was difficult to distinguish whether the persons were children or youths based on physical characteristics alone ④ The purpose was simply viewing, and there was no act of distribution or transmission to others ⑤ The related videos and materials were voluntarily deleted after the incident |
2. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Case Review
To resolve the case involving a violation of the Act on the Protection of Children and Youth against Sexual Abuse, we promptly 🔗reviewed the requirements for child and youth sexual exploitation material.
In particular, the following issues were addressed as central points in this case.
Issues
Issue | Details |
Clear nature of the video | Whether the video in question was obscene material in which an actual child or youth appeared Cases that are difficult to assess based on the title, description, or appearance alone are also considered |
Whether there was intent and repetition | It is necessary to assess whether the client viewed the video intentionally and whether there was repeated viewing |
Whether there was distribution or production | Whether it was mere possession and viewing, or whether it extended to transmitting to others, distributing, or producing, has a significant effect on the level of punishment |
What Is Possession of Child and Youth Sexual Exploitation Material?
Category | Content |
🔗Act on the Protection of Children and Youth against Sexual Abuse | Where a person purchases, possesses, or views child or youth sexual exploitation material ▷ Imprisonment for a definite term of at least 1 year |
Elements of the offense | Appearance of an actual child or youth, or a person or depiction that can be perceived as such |
Scope of acts constituting sexual conduct | Sexual intercourse |
3. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Substance of the Assistance
To assist the client who violated the Act on the Protection of Children and Youth against Sexual Abuse, the attorney at Daeryun Law Firm made the following arguments during the police investigation under that Act.
Assistance | Content |
Emphasizing uncertainty as to the nature of the video | The client argued that the client viewed the video without being aware that it was illegal obscene material featuring children or youth
The client explained that the video was mixed in with other obscene material, making it difficult to distinguish |
No act of distribution | The client argued that the client had merely viewed the video and had not distributed or produced it |
Efforts to prevent recidivism | Recognizing the seriousness of violating the law concerning sexual exploitation material involving children and youth, submitted a total of 10 letters of apology
Voluntarily completed a sexual violence prevention program |
4. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Defense Against a Custodial Sentence Through a Suspension of Indictment
The client, who was indicted on a charge of violating the Act on the Protection of Children and Youth against Sexual Abuse, ultimately obtained a suspension of indictment under that Act in the police investigation, defending against a custodial sentence.
The attorney at law firm Daeryun, in order to prove that the client would not repeat the same conduct, submitted records of the client's completion of a sexual violence prevention program and actively defended the client.
In the end, the client was able to avoid a custodial sentence and be given an opportunity for rehabilitation through education.
🔗child sexual exploitation material If you have been booked on a possession charge, we recommend that you promptly seek consultation through a 🔗legal consultation reservation.
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.
