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| TITLE | Supreme Court Decision 2023Do5757 Decided October 12, 2023 【Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking Photographs or Videos by Using Cameras and Distribution Thereof); Violation of the Act on the Protection of Children and Youth Against Sex Offenses (Production or Distribution of Child or Youth Sexual Exploitation Materials); Violation of the Act on the Protection of Children and Youth Against Sex Offenses (Possession of Child or Youth Sexual Exploi [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of the act of “distributing” and “publicly display[ing]” child or youth sexual exploitation materials, as stipulated in Article 11(3) of the Act on the Protection of Children and Youth Against Sex Offenses In a case where a person uploaded a link on his or her website that connects to other websites where child and youth sexual exploitation materials are saved, thereby actually creating an environment conducive to the direct access to child or youth sexual exploitation materials by an unspecified majority of people, whether the elements constituting the act of distributing or publicly displaying child or youth sexual exploitation materials, as stipulated in the above provision, are satisfied (affirmative) [2] Meaning of “possession” of child or youth sexual exploitation materials, as stipulated in Article 11(5) of the Act on the Protection of Children and Youth Against Sex Offenses, and in a case where the Defendant approached child or youth sexual exploitation materials saved in a server, which is out of the Defendant’s control, but did not proceed to actually taking control of the materials by, for example, downloading the said materials, whether the Defendant may be considered to have had possession of child or youth sexual exploitation materials (negative in principle) | |
