All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the charges on the premise that the video of this case is a child or juvenile pornography even though the person appearing in the video of this case is not a child or juvenile, or is not a person who can be clearly perceived as a child or juvenile, is erroneous in the misapprehension of legal principles.

B. The sentence of the Prosecutor’s original judgment (the suspended or suspended sentence: the fine of KRW 3,00,000) is too uneased and unreasonable.

2. Determination

A. Article 2(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) defines the meaning of “child, juvenile, or child or juvenile pornography” as “persons or representations that may be perceived as children, juveniles, or children or juveniles,” but was wholly amended by Act No. 11572, Dec. 18, 2012, after the date indicated in the instant facts charged, the meaning of “child, juvenile, or child or juvenile pornography” was revised as “persons or representations that can be clearly perceived as children, juveniles, or juveniles.”

Since the above amendment clearly states that the determination of whether a child or juvenile pornography constitutes a "child or juvenile pornography" that can be interpreted subjective and individually in accordance with objective and strict criteria, it appears to be in accordance with policy consideration to prevent confusion in law enforcement practice and prevent the wide range of punishment from being excessively broad, it is reasonable to view that the requirement of "clearness" as provided in the amended Act applies to this case to which the former statutory provisions apply.

However, even if the requirement of “clearly” is added, whether it constitutes “persons or representations that can be perceived as children or juveniles” under the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined by considering the specific circumstances described in obscene materials, the method of expression, etc.