Man in his 30s charged with ‘possession of illegal video’ ‘suspended sentencing’

Summary order with a fine of 2 million won → Sentence postponed
Considering that most of the data could not be viewed due to download failure

A man in his 30s who downloaded an illegal video that was being distributed in audio format received a suspended sentence.

Gwangju District Court's Criminal Division 3 (Judge Han Sang-won) postponed the sentencing of a fine of 2 million won to Mr. A (30), who was indicted on charges of violating the Special Act on the Punishment of Sexual Violence Crimes (possession of video footage using cameras, etc.) in November last year.

Deferred sentencing is a ruling that postpones sentencing for a crime deemed minor for a certain period of time and allows a person to avoid sentencing when two years have elapsed from the date of deferral. After expiration of the period, no criminal record will remain.

Mr. A was indicted on charges of viewing, downloading, and possessing illegal footage uploaded to an anonymous Internet bulletin board in March of last year.

It was confirmed that the data downloaded by Mr. A at the time included actual videos of sexual assault crimes.

The prosecution briefly indicted Mr. A with a fine of 2 million won, but Mr. A objected and requested a formal trial.

At the trial, Mr. A's legal representative asked for leniency by emphasizing that although Mr. A attempted to download illegal footage, it was only an attempt as it was not completed.

The court also accepted Mr. A's argument and decided to postpone the fine.

One judge stated the reason for sentencing, saying, “It is acknowledged that the defendant watched films or reproductions that could cause sexual desire or shame against the victims’ will,” but added, “The sentence is determined by taking into account the defendant’s admission of wrongdoing and deep regret, and the quantity of illegal films watched.”

Attorney Shim Ga-hyeon of Daeryun Law Firm (Limited), who represented Mr. A, said, "The defendant was deeply blaming himself for not being able to overcome his curiosity and committing a crime. The defendant, who was preparing to transfer to a public company, was in a situation where if he was criminally punished for this incident, he would not only have the opportunity to change jobs but also be fired from his job." He added, "The law was revised so that people can be punished even for simply watching illegally filmed videos. It cannot be said that the defendant's crime actually occurred, so there is a risk of repeat crime." “I was able to safely receive a deferred sentence by arguing the low points,” he explained.

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Men in their 30s on charges of ‘possession of illegal videos’ ‘suspended sentence’ (link)