Child and Adolescent Pornography 'Link Storage'... Supreme Court Rules 'Possession' of Pornography Not Punishable

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that receiving and storing a 'link' to child and adolescent pornography cannot be punished as possession of child and adolescent pornography.

The Supreme Court's 2nd Division (Presiding Justice Min Yoo-sook) announced on the 2nd that it upheld the lower court's acquittal of Mr. A, who was charged with violating the Act on the Protection of Children and Juveniles from Sexual Abuse (possession of obscene materials).

Mr. A was prosecuted for purchasing a Telegram room link containing 211 pieces of child and adolescent pornography in February 2020 and viewing the obscene materials.

The trial focused on whether receiving and storing the link constituted possession of obscene materials.

The first trial court found Mr. A guilty and sentenced him to 4 months in prison with a 2-year probation. However, the second trial court acquitted him, stating, "Unless the defendant engaged in acts that can be evaluated as 'possession,' simply purchasing and viewing cannot all be punished as possession." The court reasoned that there was no basis to punish viewing child and adolescent pornography via streaming.

At the time of Mr. A's offense, there was no provision punishing viewing and purchasing child and adolescent pornography, only provisions punishing possession. After Mr. A's offense, in June 2020, the Act on the Protection of Children and Juveniles from Sexual Abuse was amended to punish those who 'purchase, possess, or view' such materials.

The Supreme Court also agreed with the second trial court's judgment.