The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

except that this judgment.

1. Summary of grounds for appeal;

A. The term “child or juvenile pornography” under Article 2 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding the criminal facts and the part applied by law below) includes not only the appearance of “persons who can be clearly perceived as children or juveniles,” but also the case where “child or juvenile” actually appeared.

Defendant

A has produced obscene materials (videos and photographs) in which the victim I appeared as a child or juvenile under the Act on the Protection of Juveniles from Sexual Abuse. This act constitutes a violation of the Act on the Protection of Juveniles from Sexual Abuse (production, Distribution, etc. of obscenity).

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby acquitted this part of the facts charged.

B. The lower court’s sentence (for the Defendants, A, B: Imprisonment of one year and six months, suspension of execution, two years, 40 hours, Defendant C, and D: each imprisonment with labor for one year, suspension of execution, two years, and 40 hours, respectively) against the Defendants is unreasonable.

2. Judgment on the misapprehension of the legal principle by the prosecutor

A. The summary of this part of the facts charged against Defendant A is that, around 18:00 on March 22, 2016, Defendant A produced child and juvenile pornography by having Defendant A take pictures and pictures using a Handphone of Defendant A in his/her sexual organ at around 18:00 on March 22, 2016.

B. The lower court found the Defendant not guilty of the above charges on the ground that the following facts were found only to have taken videos or photographs showing the sexual origin of the Defendant A using Defendant A’s mobile phone, and that the subject of sexual act appearing in the images such as photographs taken by I is not clearly perceived that he/she is a child or juvenile.

C. Article 2 subparag. 5 of the Act on the Protection of Juveniles from Sexual Abuse, which provides for “children and juveniles.”