[Representation] Criminal

Barun Law Represents a Defendant Initially Sentenced to Imprisonment for Violating the Act on the Protection of Children and Juveniles from Sexual Abuse (Possession of Child Exploitative Materials, etc.) to Receive a Suspended Sentence on Appeal (Exemption from Disclosure and Employment Restrictions)

Case Overview

In 2023, the defendant was charged with violating the Act on the Protection of Children and Juveniles from Sexual Abuse for purchasing child exploitative materials by receiving Telegram links containing such content. The first-instance court found the nature and volume of the materials severe and sentenced the defendant to 10 months of imprisonment, suspended for 2 years. The defendant appealed, and we took over the case at the appellate stage.

Our Role and Arguments

In the appeal, we argued that the circumstances of the offense and the surrounding context did not warrant an especially severe punishment compared to other similar cases. We presented concrete examples highlighting the defendant's genuine remorse, potential for rehabilitation, strong sense of social solidarity, and the necessity of allowing the defendant—who was at the beginning of his career—to reintegrate into society without disproportionate consequences. We emphasized that if the first-instance imprisonment sentence was upheld, the defendant would suffer significant disadvantages in employment and social life, advocating for a suspended sentence instead.

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The appellate court accepted our arguments, overturned the initial ruling, and granted a suspended sentence while also exempting the defendant from disclosure orders and employment restrictions.

Significance of the Ruling

Since the “Nth Room” case, legal amendments have removed fines as a sentencing option for offenses related to child exploitative materials, leading to stricter punishments. Courts have generally increased sentencing severity for such crimes.

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In this context, the ruling is significant as it demonstrates that even in cases where an imprisonment sentence has already been handed down at the first instance, a well-prepared argument emphasizing positive mitigating factors can lead to a suspended sentence upon appeal. This case serves as a valuable precedent for similar cases in the future.

□? Attorneys in charge: Kim Tae-Hyung, Lee Su-Jin

?Attorney Kim, Tae Hyung's profile

?Attorney Lee, Su Jin's profile