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. As to the facts constituting a crime of mistake of facts and misapprehension of legal principles in the judgment below, the victim G was a child of 13 years of age or older, and there was a genuine consent to photographing a scene of sexual acts as stipulated in items of Article 2 subparag. 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse. The Defendant, who was the photographer, also appeared in the given video and participated in sexual acts, and made a video work without selling, lending, openly displaying or screening it at the time of photographing a child or juvenile pornography, and thus, it cannot be deemed as a production of a child or juvenile pornography under Article 11(1) of the same Act.

B. The sentence imposed by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The Act on the Protection of Children and Juveniles against Sexual Abuse does not ask whether the intent of the act or obscene material has been taken against the will of the child or juvenile as a requirement for the establishment of crime, such as the production of child or juvenile pornography.

In addition, the legislative purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse is to protect children and juveniles from sexual abuse and exploitation, and to ensure children and juveniles are responsible and healthy members of society by strictly punishing persons who have sexual acts against children and juveniles.

Child and juvenile pornography shall encourage not only the victim's own mental address that is difficult to cure but also the distorted perception of sex and abnormal sense of values to the audience.

Therefore, it is necessary to protect children from potential sexual crimes arising from fundamentally blocking “production” of obscene materials using children and juveniles to regard them as sexual objects.

In particular, obscene materials are once obscene due to the development of information communication media such as the Internet.