The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (with regard to the acquittal portion), the title of the motion picture of this case, the conversation between men and women with the motion picture of this case, the fact that women are in uniform, face condition, overall physical condition, etc., the court below acquitted the Defendant of this part of the facts charged, even though the female with the motion picture of this case is obviously a child or juvenile. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

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

The above amendment appears to be in accordance with policy considerations to prevent confusion in law enforcement practice and to prevent the wide range of punishment from being excessively broad, by specifying that the judgment on whether a child or juvenile pornography constitutes a "child or juvenile pornography" that can be interpreted subjective and individually, is determined in accordance with objective and strict criteria. Therefore, it is reasonable to view that the requirement of "clearing" as provided in the amended Act applies to this case where the former statutory provision applies. The burden of proof for the criminal facts prosecuted in criminal trial is the prosecutor, and the conviction of guilt is probative value that leads to a judge to prove that the facts charged are true to the extent that there is no reasonable doubt.