All the judgment below is reversed.

A defendant shall be punished by imprisonment with prison labor for a maximum term of seven years and seven years and six months.

(b) the defendant;

Summary of Reasons for Appeal

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) appealed that “the punishment of the lower court (the maximum of 10 years of imprisonment and the short of 5 years of imprisonment) is too unreasonable.”

B. The prosecutor appealed to the effect that “the original instance rejected the request for an attachment order.”

2. Determination

A. As to the Defendant’s assertion of unfair sentencing (the part concerning the Defendant’s case) 1, insofar as the Defendant paid a certain amount of agreement to the victim, and the victim also expressed his intention not to punish the Defendant, etc., the sentence of the lower court cannot be maintained as is, insofar as there was a significant change in the sentencing conditions in the trial of the lower court. This is also true in light of the following: (i) the Defendant has no criminal punishment so far; (ii) there is no relationship between the Defendant’s family members; (iii) the Defendant has been duplicated; and (iv) it is difficult to readily conclude that the Defendant who is a juvenile has no possibility to grow as a mature social person; (ii) the part concerning the Defendant’s case in the lower judgment cannot be maintained; however, for the following reasons, the above circumstances favorable to the Defendant are limited to the limited extent. The Supreme Court Decision 2018Do9340 Decided September 13, 2018 emphasizes the need to punish the production of child or juvenile pornography.

The Supreme Court of Korea promotes the distorted perception of sex and the abnormal sense of values to the viewers as well as to know the mental suffering that is difficult to cure children and juveniles who are victims.

Therefore, it is necessary to protect children from potential sexual crimes arising from fundamentally blocking “production” of obscene materials using children and juveniles to regard them as sexual objects.

In particular, when obscene materials are produced by the development of information and communication media such as the Internet, they are produced at any time regardless of the producer's intention.