The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The defendant is 40 hours of sex offense therapy.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the person guilty of this part of the facts charged on the premise that the obscene materials in this case are obscene materials for children and juveniles, even though the person appeared in the obscene materials in this case by mistake of facts and misunderstanding of legal principles is not a child or juvenile or a person who can be obviously perceived as a child or juvenile.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Whether a “person or representation that can be perceived as a child or juvenile” as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse should be determined depending on whether the person or representation can be perceived as a child or juvenile in consideration of the specific situation, method of expression, etc. described in obscene materials.

According to the evidence duly adopted and examined by the court below as to the instant case, it can be acknowledged that the appearance of persons who can be perceived as juveniles, such as wearing school uniforms, among the obscene materials in this case, includes the contents of obscene acts. Thus, it is reasonable to view that the appearing person in the general public can be clearly perceived as children and juveniles. Thus, the court below's judgment convicting him of the facts charged as to the display or screening of obscene materials for children and juveniles is justified.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. On July 6, 2012, the Jeju District Court rendered a two-year suspended sentence on July 14, 2012 due to a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity) by the Defendant’s Jeju District Court on the assertion of unfair sentencing, and sentenced the Defendant to a suspended sentence on July 14, 2012, even though the sentence became final and conclusive on July 14, 2012, committed each of the instant crimes while the suspended sentence