The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant not guilty of the facts related to the above photograph on the ground that there is no evidence to acknowledge it, although the photographs which the defendant had a high school student's name influories and sent to himself/herself by photographing the name influor (hereinafter "J") constitutes child and juvenile pornography, there is an error of law by misunderstanding the facts or by misunderstanding the legal principles concerning child and juvenile pornography.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment, etc.) is too uneasy and unfair.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles 1) The summary of the facts charged (the part on the judgment of innocence in the original trial) is as follows: (a) the Defendant requested the J to photograph the chest part on December 25, 2017 to transmit it to himself/herself; (b) the J had the J photograph his/her chest part and sent it to the Defendant’s smartphone through E; and (c) stored in his/her smartphones from around that time to March 6, 2018; and (d) the children and youth pornography (hereinafter “the instant photograph”) appearing seven times in total as shown in the attached list of crimes in the lower judgment between around that time and around March 6, 2018.

(2) The lower court’s determination should not only refer to cases where the main contents of the lower court’s determination are clearly perceived as a child or juvenile without any room for appearance, when objectively observing from the average point of view of society, comprehensively taking into account not only the external appearance or physical condition of the appearing person, the source or production process of video works, the identity of the appearing person, etc., but also various information given.