“Don’t use the ‘I didn’t know’ excuse… We need to change the complacent perception of digital sex crimes.”

Kim In-won, Head of Daeryun Criminal Investigation Group, Daeryun Law Firm

As the police investigation into the illegal pornography distribution site 'AVMOV' has recently begun in earnest, awareness of digital sex crimes is growing. In particular, with the news that the police have confiscated the server and launched a large-scale investigation, even simple viewers are shaking with fear, not knowing when the police will arrive.

On the 20th, we had a phone interview with Kim In-won, head of the criminal investigation group at Daeryun Law Firm, to hear about legal matters related to the distribution and viewing of pornography.

Group leader Kim was appointed as a prosecutor at the Incheon District Prosecutors' Office and served as chief prosecutor at the Seoul Central District Prosecutors' Office and the Seoul Northern District Prosecutors' Office, investigating sex crimes, special and financial cases for over 30 years, and joined Daeryun in May 2022.

The following is a Q&A with Group Leader Kim.

-The N Room incident caused public outrage and the punishment was strengthened. Nevertheless, why do digital sex crimes like AVMOV not disappear?

“The biggest cause is blind faith in anonymity and a distorted profit structure. Criminals have the mistaken belief that they are safe if they hide behind technical barriers such as bypassing overseas servers and paying with virtual currency. The market structure that makes money by distributing provocative videos still exists, and the fact that users can easily access it and the complacent perception that it is not a big crime are also contributing to maintaining the demand for crime.”

-There are many people who believe that ‘if you pay with coins, no records are left.’

"Major domestic and international coin exchanges are obligated to provide subscriber information upon requests for cooperation from investigative agencies. Due to the nature of blockchain, fund flows are permanently recorded and tracked to the end. As soon as the operator's wallet address is identified, it is only a matter of time before the identity of all members who sent coins there is revealed."

-If you claim that you watched it thinking it was a legal adult video and did not know it was a crime video.

"It is difficult to clear the charge simply by subjectively stating that one did not know. Objective circumstantial evidence is essential. For example, the route by which the site was accessed, whether the title or thumbnail of the video implied illegality, the viewing time, etc. must be comprehensively considered. If illegality is clearly revealed in the file name or thumbnail, the court may recognize intentional negligence and impose punishment. To refute this, scientific proof, such as analysis of access logs, is necessary."

-What is the level of punishment for downloading, possessing, or redistributing illegal videos beyond viewing?

"Possession and storage are more serious crimes than viewing. This is because it involves the risk of re-viewing and distributing it at any time. Furthermore, if you re-distribute it, you can be punished at almost the same level as the person who first distributed it. In particular, if you distribute child and adolescent sexual exploitation material, you can be sentenced to three years or more in prison, so it is highly likely that even a first-time offender will be sentenced to prison without probation."

-Will users who request to upload high-quality videos or leave comments mocking the victim receive different punishment than those who simply watch the video?

"Beyond simple viewing, inciting a crime through comments or ridiculing the victim is accepted by investigative agencies and courts as strong evidence of active participation in a crime. Legally, charges of aiding and abetting the spreader's crime may be applied, and if a specific video is requested, it may be interpreted as the area of an instigator or a co-principal. Additionally, if you continue to participate within the site through comments that specifically mock the victim, etc., you will be subject to additional charges of defamation under the Information and Communications Network Act or insults under the Criminal Act, which are much more severe than those of a simple viewer. “It is highly likely that a sentence will be imposed.”

Reporter Baek Jae-hyeon (itbrian@newsis.com)

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