Maximum Life Sentence? ... What Punishments Will Telegram 'Baksabang' Affiliates Face?

[Asia Economy Reporter Song Seung-yoon] What kind of punishment will the operator of the so-called 'Baksa Room,' who produced and distributed sexual exploitation materials on Telegram, and his accomplices who sympathized with his crimes receive?

According to the legal community and police on the 22nd, Seoul Central District Court Judge Won Jeong-sook, in charge of warrants, issued an arrest warrant on the 19th for a man in his 20s named Jo, suspected of violating the Act on the Protection of Children and Juveniles Against Sexual Abuse (Child and Youth Sexual Protection Act) and other charges. With Jo's arrest by the police, the number of people detained in connection with this case has reached five. Four of Jo's accomplices have already been handed over to the prosecution while in custody.

Jo is accused of opening a channel called 'Baksa Room' on the messenger Telegram, operating it for a fee, threatening women, forcing them to film obscene materials, and distributing them.

Jo and his accomplices are expected to face a total of seven charges, including production of child pornography under the Child and Youth Sexual Protection Act, forcible molestation, threats, coercion, fraud, provision of personal information, and violations of the Act on Special Cases Concerning the Punishment of Sexual Crimes.

[Image source=Yonhap News]

If charged with production of child pornography under the Child and Youth Sexual Protection Act, Jo and others could face up to life imprisonment. The Act stipulates that those who produce obscene materials using children or juveniles may be sentenced to imprisonment for not less than five years or up to life imprisonment.

For this charge to be established, the act of forcing women to film obscene materials must be recognized as directly 'producing' obscene materials. Therefore, a key issue in the upcoming trial will be whether Jo's actions can be considered production. Legal experts analyze that even if Jo did not film the women himself, the charge may be established because he forced them to film the videos through threats and coercion.

There is also a strong demand for punishment of those who participated in the Baksa Room and shared videos. The police have stated, "Members who distributed or possessed sexual exploitation materials obtained from the Baksa Room will be strongly punished after being caught." However, the degree of punishment may vary depending on the level of involvement. Those who downloaded, distributed, or encouraged the production of videos in the room are all subject to punishment. Especially if minors appear in such videos, they can also be punished under the Child and Youth Sexual Protection Act. However, it is uncertain whether simply entering the chat room will be punishable.

[Image source=Yonhap News]

There is also interest in whether Jo's identity will be disclosed. The police plan to hold a review committee next week to decide on the disclosure of Jo's identity. The basis for disclosure is two laws: the Act on Special Cases Concerning the Punishment of Specific Violent Crimes (Special Violent Crimes Act) and the Act on Special Cases Concerning the Punishment of Sexual Crimes (Sexual Violence Act). Article 8, Paragraph 2 of the Special Violent Crimes Act stipulates that if certain conditions are met?such as the crime being brutal and causing serious harm, sufficient evidence to believe the suspect committed the crime, and the necessity for public interest including the public's right to know?the suspect's identity may be disclosed.

Article 25 of the Sexual Violence Act also requires identity disclosure decisions based on criteria similar to Article 8, Paragraph 2 of the Special Violent Crimes Act. However, while there have been cases of identity disclosure under the Special Violent Crimes Act, there have been no cases under the Sexual Violence Act. Therefore, if Jo's identity is disclosed, it is expected to be the first case decided under this law.

This content was produced with the assistance of AI translation services.