The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, in order to constitute “production” under Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”), the Defendant should have contributed to the creation of obscene materials by means of directly photographing or directly photographing obscene materials. Since the Defendant did not directly have taken obscene materials and received pictures and videos directly from victims at a place where there is no possibility of access by sufficiently separating them from victims, such act by the Defendant does not constitute “production of obscene materials.”

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, three years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine and legislative purport of the ASEAN provides that a person who produces, imports, or exports a child’s pornography shall be punished by imprisonment with prison labor for life or for not less than five years. Article 2 subparag. 5 of the same Act provides that “child or juvenile pornography refers to the appearance of a child or juvenile, or a person or representations that may be perceived as a child or juvenile, doing an act falling under any of subparagraph 4 or engaging in any other sexual act, which is in the form of a film, video product, game material, or picture or image, etc. via a computer or other communications medium.”

"A. sexual intercourses" as defined in subparagraph 4 of the same Article, and subparagraph 4 of the same Article:

B. Similar sexual intercourse using part of the body, such as the mouth and anus, or implements;

(c)the whole or part of the body;