The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The fact that the Defendant obtained an animation 2,472 case as indicated in the crime sight table No. 110 as indicated in the judgment of the court below (the first instance court) and possessed it is recognized.

However, the above animation cannot be deemed as a “child or juvenile pornography” under Article 2 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

B. The sentence of unfair sentencing (five years of imprisonment, etc.) by the court below is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misapprehension of the legal doctrine, in light of the legislative purpose and amendment history of the Act on the Protection of Juveniles from Sexual Exploitation, characteristics of representations, etc., “reliable representations that can be perceived as children or juveniles” under Article 2 subparag. 5 of the Act refers to expressions that can be objectively perceived as juveniles from the perspective of an average person. In individual cases, the determination should be made after careful consideration of various circumstances, such as the description of the external appearance and physical appearance of a person in which representations are expressed, voice or horses, uniforms, situation setting, and background or reduced distance of video works (see, e.g., Supreme Court Decisions 2015Do863, May 30, 2019; 2017Do434, Jun. 13, 2019). In particular, evidence duly admitted and duly examined by the lower court, in light of the fact that an act of exposing the suspect’s body, - 25G/ 2G/ 5G/ 25G hard disc’s image.

3 In determining the instant case in accordance with the foregoing legal doctrine, even though animation of the relevant cartoon files are made JPG files, it is clear the source of the video works.