아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. As to the distribution of child or juvenile pornography in misunderstanding of facts, ① The Defendant’s distribution of “at the time of 13 years of mari, rape, kidnapping, coercion, physical condition, carination, carina, tash, propella, propella, prone, liber, ririavi” (hereinafter “the instant video products”) distributed by the Defendant refers to the instant video works.
(2) The judgment of the court below convicting the Defendant of this part of the facts charged, although there is no evidence to readily conclude that the female appearing in the instant video work is a child or juvenile, and even if the female appearing in the instant video work was a child or juvenile, the Defendant did not recognize that the instant video work includes the given child or juvenile appearing in the obscene material he/she distributes, the judgment of the court below convicts the Defendant of this part of the facts charged. (b) The judgment of the court below on unreasonable sentencing (a fine of KRW
2. Determination:
A. Whether the instant video work constitutes a child or juvenile pornography or not is defined under the principle of no punishment without the law. In light of such purport, the interpretation of a penal provision should be strict, and it is not permitted to excessively expand or analogically interpret the meaning of a penal provision in the direction unfavorable to the defendant in a manner contrary to the principle of no punishment without the law. 2) Article 2 Subparag. 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201) defines the meaning of “child or juvenile pornography” as “an expression of the contents of an act falling under any of subparagraph 4 due to the appearance of a child or juvenile, or an expression of other sexual act in the form of film, video, game software, or image, etc. through a computer or other communications medium,” but it was defined as “the former Act on the Protection of Children and Juveniles against Sexual Abuse.”