2.62 million, and 5.85 million.

This is the number of participants in the national petition requesting sexual exploitation incidents using telegrams, so-called 'n-bangbang' investigators, new disclosures, and punishment. The largest number of petitions was 262 million, and five petitions totaled 5.85 million. It is the largest ever. It was the result of the fact that the publicity was gathered together with the shocking events. The government promised a thorough investigation, response and follow-up on March 24.

The SBS Data Journalism Team [Apocalypse] paid attention to events similar to the 'n-bang event'. The technique seems to be new, but sexual exploitation offenses, especially against youth, have already been committed and ongoing. Condemnation under current law has also been achieved. Looking at what our court recently ruled against another 'Joo Joo-bin', it was expected that the level of punishment in the n-room case could be estimated.

● Another 'Cho Joo Bin' was sentenced to less than the legal minimum

13-year-olds to shoot 2 images of oral sex and masturbation, 15-year-olds to make 88 videos of masturbation scenes, and 16-year-olds to make 76 videos of masturbation, 15-year-olds, oral sex, penis A man who has taken 4 images, including an insert. A person who has purchased or downloaded 17,962 sexual exploitation of children and young children under the age of 19. What sentence did the court impose on him who had committed such a crime from 2016 to 2019?
On September 5, 2019, Andong Jiwon of the Daegu District Court sentenced the defendant to three years in prison, 40 hours of sexual assault treatment programs, and five years of employment restrictions for institutions related to children and youth and facilities for disabled people. It was a sentence that included sex buying and illegal shooting.) Was it an appropriate judgment?


Sub-Article 11, Paragraph 1 of the Sub-Act, deals with the production, import and export of sexual exploitation. Violations of this provision are required to face imprisonment or imprisonment for more than five years. In other words, it is possible to sentence to at least five years in prison and even a maximum imprisonment.
Looking at the sentences sentenced to the cases of sexual exploitation in the past year, the sentence of imprisonment was 59.7% (37 persons) and the average sentence was 43.5 months. It is about 3 years and 8 months. The probation was 38.7% (24), the average prison term was 30.5 months, and the execution was 43 months. There was also one sentence of probation. Although the minimum sentence for court is five years in prison, the average from the actual sentence was lower than the minimum sentence, and the probation rate was close to 40%. They had committed other sins besides making, but they were only this amount. It is a very strict law that says that if you make a sexual exploitation, you must be sentenced to 5 years in prison, but the ruling is not going down.

Judging from the rulings convicted solely of 'production' sins, the actual sentence was 39.3% (11 persons) and the average sentence was 39.8 months. It is about 3 years and 4 months. The probation was 60.7% (17 persons), the average imprisonment was 30.7 months, and the probation was 43.8 months. Lighter punishment.

So how long was the ruling sentenced to be at least the minimum? Only 9 people, 14.5%. In most cases, the crimes involving physical force such as sexual assault and forced assault were committed.

The defendant in the first case still faced relatively heavy punishment for three years in prison. The judge in this case cut down the sentence, saying, " I am refusing to acknowledge all the crimes, committing to be treated, there is no criminal history that exceeds the fines, and the defendant's family and acquaintances are also pleading for good." The criminal history was two crimes of the same kind, sexual exploitation.

There is a possibility that the crime of production and distribution of sexual exploitation will be applied first to the owner and the operator of the case in n. That's what our court ruled against 'Job Joo Bin' in the past, but will they have a different sentence?

● A fine of 3 million won for 92% of 'n-room simple spectators' in the past
Defendants who downloaded and possessed 57 images of sexual exploitation and 1337 photos of children and adolescents under the age of 19 from August 2018 to three months. To him, the court sentenced him to 4 months of imprisonment, 1 year of probation, 120 hours of community service, and 40 hours of sexual violence treatment programs. The judge said the reason for the sentence was "we took into account that the crime was not good, but that there was no criminal history."

In the past year, there has not been a single sentence of death charges for the possession of sexual exploitation. Probation was 7.7% (2 cases) and fines accounted for 92.3% (24 cases). The average fine was 2,976,190 won, or about 3 million won. Sub-article 11, paragraph 5 of the Sub-Act, requires that possession of sexual exploitation be punished by imprisonment for not more than one year or a fine not exceeding 20 million won. It is not a sentence that is less than the minimum sentence, such as a production crime, but can be sentenced to a fine of 20 million won for one year in prison, and our court has mainly sentenced the person to a fine of 3 million won.

There is a possibility that the crime of possession of sexual exploitation may be applied to members of Room n and simple spectators. This is because the nature of the telegram requires downloading and holding the video to view it. According to the court's ruling trend, fines are also prominent for them.

● What did you commute for?

The reasons for the weighting and reduction of the sentence contained in the sentence to be analyzed were examined. In the second half of the ruling, the defendant's sentence was decided for the final sentence because the defendant was unfavorable (weighted) and so advantageous (decreased).
The most common reason for the reduction was the recognition and reflection of the crime. It was a pledge not to do it (9.1%). The reasons for the weighting are poor quality of sin or severe punishment (60.6%), the victim's shock and suffering are serious (27.3%), serious damages are committed (15.9%), or unforgiven by the victim (15.9%). 15.9%) in order (more than duplicates included)

The reason why the Sub-law Act is making the punishment heavier than the crimes against adults is because the crimes are serious and the impact on the growing youth is enormous. It also means that society as a whole should take responsibility for protecting minors together and growing into full-fledged adults. It is difficult to see how much of these points were taken into account because of the sentencing reasons in the ruling.

● Sexual exploitation case, seven out of ten are not tried

The case ruling itself analyzed by [Apocalypse] is limited. According to the crime analysis DB, the number of violations against the sub-legal law is increasing every year, so it was counted as 993 in 2018. Compared to other crimes, sexual exploitation crime has a higher rate of prosecution. Prosecution means that the prosecution hands the offender to trial. The total crime prosecution rate exceeded 30% in 2018, with the production and distribution of sexual exploitation in the late 10%, and possession of sexual exploitation in only 20%. On the other hand, the probation rate is relatively high. Even if the prosecution admits the accused's blood, it is a prosecution that he does not pass the trial for several reasons. There is a sin, but this time, they are not prosecuted. More than 60% of sexual exploitation production and distribution are held, and 70% of sexual possessions are suspended.

In a word, many crimes related to sexual exploitation are not even tried. Considering the crimes that have not been caught by the judicial authorities, it is difficult to measure the scale.

● Criminal punishment standards for child and youth sexual exploitation, although necessary ...

While analyzing the rulings of the illegal shooting case last year, [Mabujakjachi] pointed out that a new type of crime continued to appear, but there was no sentencing standard. The 7th Supreme Court's sentencing committee decided to establish a sentence standard for illegal crimes in the first half of this year. As the n-room case became a national issue, the sentencing committee announced that it would soon establish a sentence standard for sexual exploitation.

Specific sentencing criteria for new sex crimes, especially those targeting children and youth, should be made quickly. However, the sentencing standards are only guidelines that judges refer to in court. Kim Young-mi, a director of the Korea Sexual Violence Crisis Center, said, "Compared to sexual assault or forced assault by a judge or an investigative agency, it seems that digital sexual crime does not directly harm the body, and does not seem to recognize the seriousness." "It can be as long as sexual assault and lasts a lifetime. It lacks that consensus ."

Feminist researcher Kwon Hyun-Kwon, through the Hankyoreh newspaper column on March 24, said, “I want the victims to suffer, not the victims. Because I want to realize what I have done and hope to be human again ... Yes, I want you to suffer all my life . " In addition to establishing sentencing standards and strengthening punishment, victims should be protected and the perpetrators must move forward into a society of suffering.

Report: Sim Young-gu Data Analysis: Ahn Hye-min Design: Ahn Jun-suk Intern: Lee Seung-woo, Lee Lee-min