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The prosecutor's appeal is dismissed.
Reasons
The main point of the grounds for appeal is that the elements of the law applicable to this case are sufficient for persons who can be perceived as children or juveniles, and furthermore, the video of this case appeared as persons who can be perceived as children or juveniles, and thus, the court below acquitted the defendant about the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and thereby affected the conclusion of the judgment.
Judgment
The key issue of the instant case is whether the worship appearing in the video of the instant case is “a person who can be perceived as a child or juvenile”.
The principle of legality, which is guaranteed through the relevant legal principles and Articles 12 and 13 of the Constitution, means that crimes and punishments must be determined by law, and the principle of clarity, which is derived from such principle of legality, means that anyone can anticipate what the act is intended to punish and what punishment is, and that clearly stipulates the elements of a crime so that anyone can make a decision on his act.
However, since the elements of punishment laws should be clear, all the elements of punishment laws should not be defined as a simple descriptive concept. Even though they used the concept that requires the complementary interpretation of judges in a somewhat broad range, if a person who has a sound common sense and ordinary legal sentiment by the ordinary interpretation method has a provision that enables him to know the protected legal interests of the punishment laws, acts prohibited, and kinds and degree of punishment, it is not contrary to the clarity of the punishment laws required by the Constitution.
In addition, the question of which legal norm is clear is whether the legal norm gives predictability by giving fair notice to the persons who have received the law so that it can understand the meaning of the law, and the legal norm is sufficient to the institution that interpret and enforce the law.