A Busan Law Firm's Assistance | Suspended Sentence on an Allegation of Producing Child Sexual Exploitation Material

The client was a university student who met the victim, a junior from the same high school.

After drinking together, the client and the victim went into a nearby motel.

At the motel, the client told the victim that he wanted to film a video of their relations.

The victim agreed to the client's suggestion, and they filmed the video together.

A few days later, however, the client and the victim had a dispute, and in the course of it the victim filed a complaint against the client.

Accused of violating the Act on the Protection of Children and Youth against Sexual Abuse, the client requested the assistance of the Busan law firm.

The Busan law firm explained the statutes relating to the 🔗Act on the Protection of Children and Youth against Sexual Abuse.

※ Article 11 (Production and Distribution of Child or Youth Sexual Exploitation Material)
① A person who produces, imports, or exports child or youth sexual exploitation material ▶ imprisonment for at least 5 years

② A person who, for profit, sells, lends, distributes, or provides child or youth sexual exploitation material, or who possesses, transports, advertises, introduces, exhibits, or screens it for such a purpose ▶ imprisonment for a definite term of at least 5 years

③ A person who distributes or provides child or youth sexual exploitation material, or who advertises, introduces, exhibits, or screens it for such a purpose ▶ imprisonment for a definite term of at least 3 years

④ A person who refers a child or youth to a producer while aware of the circumstance that child or youth sexual exploitation material will be produced ▶ imprisonment for a definite term of at least 3 years

⑤ A person who purchases child or youth sexual exploitation material, or who possesses or views it while aware that it is such material ▶ imprisonment for a definite term of at least 1 year

※ Criteria for Applying the Act

For a sexual offense under this Act to be established, the other person must be under 19 years of age.

And intent is important for such an offense.

If the offender did not know at the time of the act that the other person was under 19 years of age, he cannot be punished under this Act.

*If you wish to have the details reviewed, you may receive a 🔗legal consultation with an attorney.

At the time of the incident, the client thought that, as long as consent was obtained from the minor, there would be no problem.

The Busan law firm argued that the client had come to realize the criminal nature of his act, fully acknowledged his wrongdoing, and showed remorse.

The victim had consented to the filming of the video of sexual relations with the client.

The Busan law firm argued that the fact that the client had filmed the video with the victim's consent should be taken into account.

The client wished to convey an apology to the victim.

The Busan law firm emphasized that the client had made a criminal deposit for the victim.

The client had produced sexual exploitation material involving a minor and was accused on a charge of violating the Act on the Protection of Children and Youth against Sexual Abuse.

With the assistance of the Busan attorney, the client was able to receive a suspended sentence.

Because the Act on the Protection of Children and Youth against Sexual Abuse carries more severe punishment than ordinary sex offenses, retaining an attorney from the early stages is recommended.

The Busan attorney provides client-tailored legal solutions through in-person meetings and real-time video conferences with attorneys located throughout the region.

If you are in a situation similar to the one above, please feel free to contact the 🔗Busan attorney at any time.