아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
The defendant shall be innocent.
1. Around February 2012, the Defendant publicly displayed a child or juvenile pornography by posting a child or juvenile pornography of the title “difin” and openly displaying a cartoon character, which is a expressive material that can be clearly perceived as a child or juvenile, on the Internet site “C” bulletin board at the place of residence of the Defendant, Nam-gu, Incheon, 201, B 704, Dong-gu, Incheon, and 704.
2. Article 2 subparag. 4 and 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 201) which was enforced at the time when the aforementioned facts charged were recorded, defines that child and juvenile pornography expressed the contents of sexual intercourse, etc. with respect to the child and juvenile pornography. Since the content of the file made by the Defendant as his/her occupation does not appear, it does not constitute a child and juvenile pornography (i.e., cartoons, etc., “revenable expressions that can be perceived as children and juveniles” appearing and expressed sexual acts such as sexual intercourse, etc., which is classified as a child and juvenile pornography, is classified as a child and juvenile pornography. Then, the facts charged in the instant case constitutes a crime, and thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.