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[Child Sexual Exploitation Material] In a Child Sexual Exploitation Material Case, a Suspension of Indictment Was Obtained With the Assistance of Criminal Defense Counsel
This is the account of a client who urgently sought the help of Daeryun Law Firm on charges of possession of child sexual exploitation material and production, distribution, etc. of child sexual exploitation material.
Can a person be punished even if the person downloaded the material without knowing it was child sexual exploitation material?
1. Even the Mere Possession of Child Sexual Exploitation Material
The client, whose desktop SSD and hard disk were subjected to a search and seizure on charges of possession, production, distribution, etc. of child sexual exploitation material, urgently came to Daeryun Law Firm to receive an attorney consultation regarding the possession of child sexual exploitation material.
What Is Child Sexual Exploitation Material?
Child sexual exploitation material is so strictly regulated that mere possession can be punished.
Child sexual exploitation material is defined as follows in the Act on the Protection of Children and Youth against Sexual Abuse.
Act on the Protection of Children and Youth against Sexual Abuse
|
Punishment Provisions Relating to Child Sexual Exploitation Material
The punishment provisions relating to child sexual exploitation material are also prescribed in the Act on the Protection of Children and Youth against Sexual Abuse.
A provision punishing attempts can be found, and there is also an aggravated punishment provision for habitual offenders.
A person who merely ‘possesses’ or ‘views’ the material may also be subject to imprisonment for a definite term of one year or more.
Act on the Protection of Children and Youth against Sexual Abuse
|
2. Child Sexual Exploitation Material Cases Call for the Assistance of Defense Counsel
In light of the punishment provisions concerning child sexual exploitation material set out above, anyone who comes to be investigated in connection with a child sexual exploitation material offense should respond with the assistance of defense counsel experienced in criminal matters.
Because there is no fine provision, treating the matter lightly may make an actual custodial sentence difficult to avoid.
Defense Strategy in a Child Sexual Exploitation Material Case
For the defense in the child sexual exploitation material case, the Daeryun Criminal Group formed a three-member criminal case team centered on attorneys experienced in child sexual exploitation material cases and reviewed the client's case.
The client, a public official, came to be investigated for having downloaded child sexual exploitation material using a torrent program and for possessing and distributing it.
Through consultation with the client, the team raised several factors in mitigation and established a defense strategy so that the case would not be indicted for trial.
Factors in Mitigation in the Child Sexual Exploitation Material Case
The facts concerning mitigation that the Daeryun criminal case team argued in the client's child sexual exploitation material case are as follows.
3. Child Sexual Exploitation Material Case: A Suspension of Indictment
With the help of the Daeryun criminal case team, the child sexual exploitation material case obtained a result of suspension of indictment.
If You Are Involved in a Child Sexual Exploitation Material Offense
If you have become a suspect in a child sexual exploitation material case and have received notice of a search and seizure or a police investigation,
please do not hesitate to consult the Daeryun Criminal Group, which has extensive experience in child sexual exploitation material cases.
With early help from the Daeryun criminal case team, the client's case was able to obtain a suspension of indictment without difficulty.
Not only in child sexual exploitation material cases but in criminal cases generally, the early response is very important, so when you become a suspect in a criminal case,
please be sure to decide on a prompt consultation and the appointment of defense counsel.
The Daeryun Criminal Group has a substantial body of data on suspension of indictment outcomes in criminal cases of this kind, and after a consultation it offers a defense solution tailored to the comparable situation.
It may be advisable to obtain the assistance of defense counsel experienced in criminal matters so that a criminal case is not indicted to the trial stage.
![아동성착취물_기소유예 [아동성착취물] 아동성착취물인줄 모르고 다운로드받았다면 처벌은..](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240520083717157.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
Violation of the Act on the Protection of Children and Youth against Sexual Abuse (production and distribution of sexual exploitation material, etc.): Want a faster, more detailed consultation?
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Related Information
Explore legal information related to this case.
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