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| TITLE | Supreme Court Decision 2023Do3626 Decided December 24, 2024 【Violation of the Act on the Protection of Children and Youth Against Sex Offenses (Production and Distribution of Pornography); Violation of the Act on the Protection of Children and Youth Against Sex Offenses (Possession of Sexual Exploitation Materials); 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 Spe [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where the electronic information is duplicated in the same content onto an information storage medium owned and managed by a third party and voluntarily submitted, whether the person in charge of managing and disposing of the original electronic information, in addition to the person who voluntarily submits the copied electronic information, should be granted participation rights by being regarded as the actual person subject to seizure and search (negative in principle) [2] In a case where the victims voluntarily selected and copied some of the electronic information, such as photographs and videos stored in a USB drive of the criminal defendant, who was charged with possessing child and adolescent pornography and the photographs and videos of the body parts of victims, which may cause sexual desires or humiliation, taken without their consent, and then saved the copied electronic information in USB drives they owned and managed and voluntarily submitted them to the police, the case holding that the lower court, which found the facts charged not guilty, by viewing that the above electronic information submitted by the victims corresponds to unlawfully collected evidence, and any evidence obtained based thereon cannot also be used as evidence for being guilty as secondary evidence, erred and adversely affected the conclusion of judgment by misapprehending the legal doctrine | |
