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| TITLE | Seoul High Court Decision 2024No1823, dated November 1, 2024: Appeal [full Text] |
|---|---|
| Summary | |
| [Main Issues and Holdings] The Defendant was charged with utilizing a social networking service (“SNS”) to request the creation of unlawful composite products (composite photos) that combined a photo of the face of the victim, Party A (female, 16 years old), who was an underclassman of the Defendant, with naked photos of an unnamed woman and photos of other unnamed women engaging in sexual activity, etc., and then received said unlawful composite images through said SNS service, thereby violating the Act on the Protection of Children and Youth Against Sex Offenses (creation, distribution, etc., of sexual exploitation materials). The Defendant was also charged, in the alternative, with using the same method to create a composite image which may cause sexual desire or shame against the intentions of Party A in violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (editing and distributing false video products). The Defendant was found not guilty of the primary charge as the above composite photo was found not to be “Child or Youth Sexual Exploitation Materials” under Article 2 Subparagraph 5 of the Act on the Protection of Children and Youth Against Sex Offenses, and was found guilty on the alternative charge. | |
