The Supreme Court judged that possessing a 'link' to view child pornography could not be punished for possessing child pornography.



According to the legal community today (2nd), the second division of the Supreme Court (Presiding Judge Min Yoo-sook) recently confirmed the lower court's decision to acquit A, who was charged with violating the Act on the Protection of Children and Youth (Possession of Pornography).



In February 2020, Mr. A bought a link to a telegram room where 211 child and youth pornography was stored and then watched pornography.



The issue at trial was whether receiving and storing the link amounted to possession of pornography.



This is because at the time of Mr. A’s crime, there was no provision to punish the viewing and purchase of child and youth pornography, and there was only a provision to punish those who possessed it.



The first trial found Mr. A guilty of the charges and sentenced him to 4 months in prison and 2 years probation.



On the other hand, the second trial overturned the judgment, saying, "Unless the defendant has done an act that can be evaluated as 'possession', all acts of simply purchasing and watching cannot be punished for possession."



The second trial pointed out, "The defendant entered the Telegram channel and watched the file once, which is not substantially different from watching child and youth pornography through streaming on the website."



In addition, he explained, "There is no basis for punishing the act of watching by streaming method under the law, but if the defendant's act is recognized as possession and punished, it is unreasonable because the criminal punishment depends on whether the access method is streaming or the Telegram channel."



The prosecution appealed against the ruling, but the Supreme Court dismissed the appeal.



The Act on the Protection of Sexuality for Children and Adolescents was amended in June 2020, after Mr. A's crime, to punish all those who purchased, possessed, or watched it.



Unlike the past, where only those who possessed it were punished, the punishment target has been expanded.