The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles (as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the Defendant taken 14 videos (hereinafter “the instant videos”) with the consent of the victim with the consent of the victim. The instant videos do not constitute “child and juvenile pornography,” and they do not constitute “production of obscene materials” because the Defendant taken the instant videos only for the purpose of private possession without transaction, distribution, and distribution purposes. Moreover, the act of photographing the instant videos may be deemed as a case where the victim, who is a child or juvenile, exercises his/her right of self-determination. Thus, the illegality is dismissed.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts and misapprehension of the legal doctrine on the protection of children and juveniles against sexual traffic (1) provides that the act of producing obscene materials for children and juveniles shall be punished under Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, while setting a separate provision on the meaning of “child and juvenile pornography” under Article 2 subparag. 5 and subparag. 4, and does not add whether the intent of production, etc. or obscene materials have been taken against the will of children and juveniles as a requirement for the establishment of crime.

The Act on the Protection of Children and Juveniles against Sexual Abuse, which aims to protect children and juveniles from sexual abuse or exploitation, and to enable children and juveniles to grow up as healthy members of society by severely punishing persons who have committed sexual acts against children and juveniles.