The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (the crime No. 1 of the judgment below)

(b).

The defendant is guilty of the crime of producing child pornography as stated in the paragraph (1) with the consent of the victim.

(b).

The Defendant’s act of photographing each of the instant videos as described in paragraph (1) (hereinafter “each of the instant videos”) was not a “production of child pornography” as provided by Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, since the Defendant’s act of photographing each of the instant videos only for the purpose of personal possession and storage at the time of shooting, and did not have an external distribution.

Nevertheless, the court below found all of the charges guilty. The court below erred by misapprehending the legal principles on the violation of the Act on the Protection of Juveniles from Sexual Abuse (production, distribution, etc. of obscene materials), which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, Article 2 subparag. 5 and subparag. 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) provides for a separate provision regarding the meaning of “child and juvenile pornography” and Article 11 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse to punish the act of producing child and juvenile pornography, etc., and does not add as to whether the intent of production, etc. or obscene material was taken against the will of the child and juvenile as a requirement for the establishment of the crime.

The legislative purpose and purpose of the Juvenile Sex Protection Act is to protect children and juveniles from sexual abuse or exploitation, and to ensure children and juveniles grow up as healthy members of society by severely punishing persons who have committed sexual acts against children and juveniles.