Am I subject to investigation just by registering as an AVMOV member? To avoid aggravated punishment

Recently, 'AVMOV', an illegal video sharing site called 'the second Soranet', is causing a big social stir. As the number of registered members reportedly reaches 540,000, investigative agencies also appear to be paying close attention. The police are narrowing down the tracking network by launching a large-scale mandatory investigation, including securing the IP list and payment details of paid members as well as site operators.

After the identity of AVMOV was reported, those who accessed the site or watched the video simply out of curiosity will inevitably suffer from extreme anxiety. You might console yourself by saying, ‘I used a VPN so I’m safe’ or ‘I’m not guilty because I just watched it streaming without downloading it.’ However, the core of this incident lies in the nature of the distributed video. Unlike general adult content, videos filmed or distributed without the consent of the person concerned are subject to the crime of possessing, purchasing, storing, or viewing video footage filmed using a camera, etc., pursuant to Article 14, Paragraph 4 of the Special Act on the Punishment of Sexual Crimes, etc. Simply watching or possessing it can result in imprisonment for up to 3 years or a fine of up to 30 million won, putting you at risk of uncontrollable legal liability.

Many people protest, saying, “I didn’t know it was an illegal video,” but since the N Room (Doctor’s Room) incident in 2021, the court has tended to recognize a relatively wide range of intentional omissions, considering whether the file title contains words suggesting it was an illegal video, whether payment or remittance was made, and the nature of the category on the site. If torrenting is used in the process, the problem becomes more serious. Due to the nature of torrents, where file fragments are downloaded and uploaded at the same time, the crime of 'distribution' can be applied regardless of the person's intention, and they can be subject to aggravated punishment.

Therefore, uploaders, downloaders, and continuous viewers need to be prepared to be contacted by investigative agencies and examine the content more carefully. In the case of large illegal site cases, in most cases, the investigative agency issues a summons notice after already securing a large amount of evidence. At this time, hastily destroying evidence or emotionally denying the charges can lead to irreversible consequences, such as arrest and investigation. In particular, since the level of punishment for sexual crimes has been greatly strengthened since the N Room incident, a complacent response is absolutely prohibited.

Seungjin Ahn, a sex crime lawyer at Daeryun Law Firm, said, "The only 'golden time' that can change the outcome of a case is immediately after being contacted by an investigative agency. Rather than an unconditional denial or confession, the key is to explain the circumstances of one's access and whether it was intentional with objective evidence." “There is,” he advised.

[Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr]

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