The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the punishment (limited to six months of imprisonment, one year of suspended sentence, one year of fine, 600,000 won, and 80 hours of community service) imposed by the court below is too unreasonable.

2. Determination ex officio as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession), among the facts charged in the instant case

A. A. Around August 11, 2013, the summary of the facts charged: (a) the Defendant downloaded three video files containing the contents of sexual acts, such as self-defense, etc. (hereinafter collectively collectively referred to as “each video of this case”) with the Defendant’s smartphone from his own house located in Daegu-gu D and the second floor using the Defendant’s smartphone with the Defendant’s smartphone as indicated in the separate sheet; and (b) stored them in smartphones.

As a result, the Defendant possessed child and juvenile pornography.

B. The lower court found the Defendant guilty of this part of the facts charged.

C. (1) ex officio, Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) defines “child or juvenile pornography” as “those under the age of 19 years, except for those who meet the said age of 19 years,” and Article 2 subparag. 5 of the same Act defines “child or juvenile pornography” as “an act falling under any of subparagraph 4 due to the appearance of children or juveniles or persons or representations that may be clearly perceived as children or juveniles, or any other sexual act, in the form of a film, video, game software, computer, or video image, etc. through other communications media,” and defines as “an act falling under any of subparagraph 4 or any other sexual act is expressed.” Article 11(5) of the same Act defines as “a person who knowingly possesses child or juvenile pornography is punished by imprisonment for not more than one year or by a fine not exceeding 20 million won.”

However, in order to protect the freedom and rights of individuals from arbitrary exercise of national penal authority.