40s Male Fined for Distributing Obscene Materials
A man in his 40s who downloaded illegal pornographic videos, including secretly filmed content, from the file-sharing program 'Torrent' was prosecuted for distributing obscene materials and sentenced to a fine. Torrent has a feature that automatically transmits files downloaded by users to other users.
The Criminal Division 2 of Gwangju District Court (Presiding Judge Yoo Hyo-young) announced on the 15th that in the appeal trial of A (43), who was charged with violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (camera use filming and distribution, etc.), it overturned the original not guilty verdict and sentenced him to a fine of 7 million won. He was also ordered to complete a 40-hour sexual violence treatment program.
The appellate court stated, "The victim’s face and other features were exposed, causing significant mental distress, and since A’s crime was prolonged, severe punishment is necessary," adding, "However, considering the nature of Torrent, where uploading occurs simultaneously as files are downloaded, it was not that A actively intended to distribute the files," explaining the sentencing rationale.
A is accused of running Torrent on his office computer from February 26 to March 7, 2021, distributing 39 obscene and hidden camera videos without the victims’ consent.
Torrent does not download files directly; instead, it simultaneously receives data fragments from multiple users who have the same file. It also has a function that automatically uploads completed downloaded files to distribute them to other users.
In other words, when someone downloads a file, the fragments of that file are automatically transmitted to others by users who previously saved the same file, even if they take no special action.
Regarding this, A claimed, "I deleted the (illegal obscene) files immediately after downloading them on Torrent, but I did not know that they were saved together through other routes."
Previously, the first trial court acquitted A, stating there was no evidence that he directly shared the original files, knew in advance that uploading occurred simultaneously with downloading, or actively participated in distributing the videos.
However, the second trial court recognized A’s guilt for distributing obscene materials, noting that he had used 2 terabytes (TB) worth of music, movies, and obscene materials over 2 to 3 years, and that his statements during the investigation showed he was well aware of how to use Torrent and share files. It also pointed out that many of the files A downloaded had titles suggesting illegal filming, and that he uploaded videos as a 'seeder' (one who owns 100% of the file), which was cited as grounds for conviction.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
