Deals & Cases

Violation of the Act on the Protection of Children and Youth against Sexual Abuse

Violation of the Act on the Protection of Children and Youth against Sexual AbuseSuspension of indictment

Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Police Questioning for Possession of Child and Youth Obscene Material, Successful Defense Resulting in a Suspension of Indictment

2026.03.16고병준

The client, charged with violation of the Act on the Protection of Children and Youth against Sexual Abuse, faced the risk of punishment on a charge of having possessed and then viewed obscene material featuring children and youth. The client therefore requested assistance with the police investigation under that Act.

1. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Background of the Police Questioning Case

Law firm Daeryun violation of the Act on the Protection of Children and Youth against Sexual Abuse assistance education-conditioned suspension of indictment

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
③ The relevant information was not specified in the video title or the post either

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

What is the level of punishment for substandard viewing?
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2. Violation of the Act on the Protection of Children and Youth against Sexual Abuse | Case Review

Law firm Daeryun case of resolving a violation of the Act on the Protection of Children and Youth against Sexual Abuse, education-conditional suspension of indictment

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 Inclusion of an expression of sexual conduct
Scope of acts constituting sexual conduct	Sexual intercourse Imitative sexual intercourse using a body part such as the mouth or anus, or a device Inducing sexual shame through bodily contact or exposure Masturbation

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

Law firm Daeryun violation of the Act on the Protection of Children and Youth against Sexual Abuse possession and watching charge education-conditioned suspension of indictment conclusion

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.

아청법위반 | 아동·청소년 음란물 소지 경찰조사, 아청법기소유예 방어 성공

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