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Deals & Cases

Violation of the Act on the Protection of Children and Youth Against Sexual Abuse (Possession of Sexual Exploitation Material, etc.)

A Possession of Sexual Exploitation Material Example | Suspended Sentence for a Client Who Possessed Hundreds of Items of Child and Youth Sexual Exploitation Material

The client involved in a case of possession of sexual exploitation material was facing trial on suspicion of possessing hundreds of items of child and youth sexual exploitation material, and requested the assistance of a criminal defense attorney in order to avoid an actual custodial sentence.

CONTENTS
  • 1. The Client Suspected of Possession of Sexual Exploitation Material
    • - The Circumstances of the Case
  • 2. The Strategy for Leniency for the Client in the Possession of Sexual Exploitation Material Case
    • - Guidance on Remorse and Improvement of Attitude
    • - Reinforcing Materials to Restore Social Trust
    • - Guidance on Improving Attitudes Toward Sex and Efforts to Prevent Reoffending
  • 3. The Result of the Assistance in the Possession of Sexual Exploitation Material Case, ‘Suspended Sentence’
    • - FAQ Regarding Possession of Sexual Exploitation Material
  • 4. The Level of Punishment for Possession of Sexual Exploitation Material (Child and Youth Sexual Exploitation Material)
    • - The Method of Response
    • - If You Need the Assistance of an Expert?

1. The Client Suspected of Possession of Sexual Exploitation Material

The client suspected of possession of sexual exploitation material was reported for possessing video material constituting child and youth sexual exploitation material and was in a situation in which an actual custodial sentence was a concern, but through the prompt strategy of the criminal defense attorney, the client was able to receive a suspended sentence and avoid an actual custodial sentence.

The Circumstances of the Case

Through a file-sharing program, the client downloaded video material constituting sexual exploitation material in which the body parts of a female minor were filmed and stored it in a folder on the client's computer.

While the client continued to view and keep the sexual exploitation material on several occasions thereafter, the police obtained a seizure warrant and seized the client's hard disk.

The client is now facing a police investigation in connection with the case and came to a criminal defense attorney to request assistance with the possession of sexual exploitation material case in order to prepare a response to avoid an actual custodial sentence.

Details of the Case of the Client Suspected of Possession of Sexual Exploitation Material

2. The Strategy for Leniency for the Client in the Possession of Sexual Exploitation Material Case

Preparing the Assistance for the Client in the Possession of Sexual Exploitation Material Case

In order to enable the client in the possession of sexual exploitation material case to receive leniency, the following issues were identified and a response strategy was formulated.

- The scale and repetitiveness of the sexual exploitation material downloaded and kept

- Whether the client was a first-time offender with no record of criminal punishment

- Whether the client sincerely reflected after the incident and made efforts to prevent reoffending

Guidance on Remorse and Improvement of Attitude

The criminal defense attorney emphasized that the client acknowledged the offense of possessing sexual exploitation material and was deeply remorseful.

Rather than merely expressing an intention to reflect, the criminal defense attorney personally guided the direction of the written statement of remorse so that the sincerity of the remorse would be apparent, and went through the process of revising it several times.

▷ Guidance on writing the statement of remorse and repeated revision

▷ Deletion of the illegal material and establishment of a plan to prevent recurrence

▷ Concurrent counseling to stabilize the client's mental state and strengthen self-control

Reinforcing Materials to Restore Social Trust

The criminal defense attorney gathered materials from various angles to establish that the client was a first-time offender with no record of any criminal punishment and had been a diligent member of society throughout his life.

In addition, the attorney persuaded the client's family to write letters of appeal so that the client's ordinarily diligent character and sense of responsibility within the family could be made apparent.

▷ Evidence of more than 10 years of employment at the same workplace

▷ Submission of records of awards and commendations from school and social activities

▷ Submission of sincere letters of appeal from the spouse and family

Guidance on Improving Attitudes Toward Sex and Efforts to Prevent Reoffending

The criminal defense attorney highlighted that, after the incident, the client was making active efforts to correct his mistaken attitudes toward sex and to prevent reoffending.

In particular, the attorney encouraged the client to voluntarily attend sexual offense prevention education, directly assisted in coordinating the schedule with the educational institution, and secured the certificate of completion and submitted it to the investigative agency.

Furthermore, by guiding the client to complete an awareness-improvement program in connection with a psychological counseling center, the attorney established that there were efforts toward genuine change rather than mere remorse.

▷ Attendance at sexual offense prevention education and submission of the certificate of completion

▷ Completion of psychological counseling and an awareness-improvement program

▷ Review and guidance of lifestyle habits to prevent reoffending

3. The Result of the Assistance in the Possession of Sexual Exploitation Material Case, ‘Suspended Sentence’

The Result of the Assistance in the Possession of Sexual Exploitation Material Case, a Suspended Sentence

As a result of the criminal defense attorney's specific and systematic assistance, the circumstances of the offense and the sincerity of the client's remorse were sufficiently recognized, and the client was able to avoid an actual custodial sentence and receive a suspended sentence.

The client, who was satisfied with this outcome, expressed gratitude, saying, ‘I feel I have been given another chance thanks to my attorney.’

FAQ Regarding Possession of Sexual Exploitation Material

Q. If I am suspected of possession of sexual exploitation material, is an actual custodial sentence inevitable?

A. No. Where there are mitigating factors, such as being a first-time offender, passive involvement, an attitude of remorse, and efforts toward recovery of the harm, a suspended sentence or leniency may be granted.

Q. Even where there is no record of criminal punishment in connection with possession of sexual exploitation material, is there a possibility of an actual custodial sentence?

A. Even with no record and as a first-time offender, there is a possibility of an actual custodial sentence depending on the scale of the offense (the number of items possessed and the number of times viewed). However, where there are mitigating factors, you may be granted leniency.

4. The Level of Punishment for Possession of Sexual Exploitation Material (Child and Youth Sexual Exploitation Material)

A person who purchases child and youth sexual exploitation material, or who possesses or views such material knowing it to be child and youth sexual exploitation material, is punished as follows under the Act on the Protection of Children and Youth Against Sexual Abuse.

Here, a “child or youth” means a person under 19 years of age, excluding a person who has reached January 1 of the year in which he or she turns 19.

Because the offense of possession of sexual exploitation material is a crime that carries no fine, if you become involved in such a case, it is advisable to promptly consult with a criminal defense attorney and prepare a response.

Article 11, Paragraph 5 of the Act on the Protection of Children and Youth Against Sexual AbuseImprisonment for a definite term of not less than one year

The Method of Response

If you are facing an investigation on suspicion of possession of sexual exploitation material, it is first important to acknowledge your conduct and to show an attitude of sincere remorse.

To prevent the spread of harm, it is necessary to immediately delete the illegal videos, to cooperate sincerely with the investigative agency, and to disclose the facts transparently.

In addition, if you are a first-time offender or your involvement was limited to simple possession, you can increase the possibility of being granted leniency through substantive efforts toward recovery of the harm, such as submitting a written statement of remorse and making a deposit with an official depository.

If You Need the Assistance of an Expert?

Daeryun Law Firm has many criminal defense attorneys with expertise in sexual offense cases, such as possession of sexual exploitation material, and can systematically carry out, from the early stage of a case, the confirmation of the facts, the analysis of evidence, and the identification of the circumstances of the offense, and can establish a response strategy tailored to the client.

In addition, by gathering the mitigating factors suited to the circumstances and preparing substantive materials, such as guidance on writing a statement of remorse, the design of measures for recovery of the harm (a deposit with an official depository, etc.), improvement of lifestyle, and completion of sexual offense prevention education, the firm establishes a strategy to increase the possibility of leniency.

If you have become involved in a possession of sexual exploitation material case and are at risk of punishment, please feel free to request assistance through Daeryun Law Firm's 🔗Legal Consultation Booking.

성착취물소지

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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