Relevant Legal Provisions

Article 36, Paragraph 1 of the Child and Youth Sexual Exploitation Prevention Act：Any person who photographs, produces, or without just cause reproduces sexual images of children or juveniles, or images, audio recordings, or other materials related to sex that are objectively sufficient to arouse sexual desire or a sense of shame, shall be punished with imprisonment for not less than one year and not more than seven years, and may additionally be fined between NT$100,000 and NT$1,000,000.

Facts and Reasons

The defendant (i.e., the client of this firm) became acquainted with a minor female through social media applications and obtained the other party's private photographs through online chats. The defendant later felt remorse and, with the assistance of attorneys from this firm, voluntarily surrendered to the police.

Prosecutor's Disposition

The above-mentioned defendant, in relation to a case under the Child and Youth Sexual Exploitation Prevention Act, has completed the investigation, and it is deemed appropriate to grant a deferred prosecution.

Regarding the foregoing facts, the defendant fully confessed during police questioning and the investigation. After considering that the defendant has no prior criminal record, committed the offense due to momentary poor judgment, voluntarily surrendered after the offense, has admitted the criminal conduct and expressed deep remorse, should have been sufficiently cautioned through the judicial investigation process, and that the victim's family is unwilling to file a complaint, among all relevant circumstances, it is deemed appropriate to render a disposition of deferred prosecution.

(Some details of the case have been adjusted or omitted to protect the parties' rights.)

Attorneys: Herman Lyu