[Asia Economy Reporter Kim Daehyun] "(The program) notifies from the beginning that the downloaded content is simultaneously shared. The defendant must have been fully aware of this." (Prosecutor)
"The defendant had no knowledge of how the program operates. Elderly people without information and communication knowledge do not understand the torrent operation method you mentioned." (Defense attorney)
A man in his 50s who downloaded child and adolescent sexual exploitation videos through the file-sharing program 'Torrent' was found guilty not only of possession but also distribution of sexual exploitation materials. Torrent is a program that downloads movies or music by combining file pieces distributed among multiple users. When a specific file piece is received, it is simultaneously transmitted to other users who do not have that piece, making the boundary between downloading and uploading ambiguous.
According to the legal community on the 1st, Judge Yoo Donggyun of the Seoul Central District Court Criminal Division 13 recently sentenced A (59), who was indicted for violating the Act on the Protection of Children and Juveniles Against Sexual Abuse, to 10 months in prison with a 2-year probation. He was also ordered to undergo probation for one year and prohibited from working at child and adolescent institutions for two years.
The court stated, "Considering that the defendant used Torrent for over five years and testified that the screen changed to 'distributing' during download, all charges including distribution are recognized as guilty."
Earlier, A was tried for downloading videos of minors performing obscene acts via Torrent from September to November 2019, possessing them, and distributing them to an unspecified number of people. He was also investigated for possessing and distributing a total of four files, including adult pornography featuring men and women.
In court, A’s side admitted to receiving the videos out of curiosity but argued there was no intent to distribute. Although he saw the phrase 'distributing,' he interpreted it as "several people are receiving the same video simultaneously." The defense also appealed to consider that the defendant is currently physically disabled, making it difficult to work, is a basic livelihood security recipient, deleted the files, and cooperated with the investigation.
A himself said, "If I had known how Torrent operates, would I have done that? A friend installed the program for me to watch movies alone at home." He also said, "I am ashamed of my incompetence and ignorance of the functions."
On the other hand, the prosecutor rebutted that the download and upload screens are clearly different with phrases and arrow shapes, so A must have been fully aware of the distribution. The prosecutor requested a three-year prison sentence.
The court accepted the prosecution’s claim, stating, "It appears the defendant had at least conditional intent to distribute." It added, "This is a highly condemnable crime targeting children and adolescents whose sexual self-determination rights are not established," but also noted, "However, the defendant admitted his crime, promised not to repeat it, and considering his physical disability and other sentencing factors."
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