The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Although the Defendant, by misapprehending the legal principles, taken pictures of sexually related video images on September 26, 2017, the female appearing in the above video cannot be deemed as a child.

Nevertheless, the judgment of the court below which found the defendant guilty of producing child pornography is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. On September 26, 2017, at around 18:40, the Defendant: (a) taken four video images from the victim’s body while having a sexual intercourse with the victim (one person E) who was aware of through “D” in the south-gu, Dong-dong C and 205 of the Defendant’s residence; and (b) kept them in the Defendant’s smartphone by taking four video images so that the victim’s chest and fluor, etc., who was sexual intercourse with the Defendant, can be revealed with the victim’s chest and fluor, etc.

As a result, the Defendant produced obscene materials for children and juveniles.

B. Determination 1) Article 2 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “The term “obscenity used by children or juveniles” means any act of sexual intercourse falling under any of subparagraph 4, any act of sexual intercourse using a part of body, such as mouth or anus, or any similar sexual intercourse using a tool, all or part of body, or any part of body, or any other act of sexual intercourse that causes a sense of sexual humiliation or aversion of ordinary people, or any other act of sexual intercourse in which a person or an expression that can clearly be perceived as a child or juvenile appeared, which is defined as “the act of sexual intercourse, such as mouth or anus, or any other act of sexual intercourse.”

What is “child or juvenile pornography” is the appearance or physical condition of the appearing person, and the source or production of video works.