The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant took photographs of images that contain sexual intercourses with the victim (hereinafter “the instant images”) and did not have the purpose of distribution, and taken pictures with the victim’s consent, as it does not constitute “production of obscene materials for children or juveniles”, on the ground that the Defendant is likely to mislead the victim into being rapes (such as production, distribution, etc. 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 (five years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, Article 2 subparag. 5 and subparag. 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides for a separate provision regarding the meaning of “child and juvenile pornography” and Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse to punish the act of producing child and juvenile pornography, etc., and does not add as to whether the intent of production, etc. or obscene material was taken against the will of the child and juvenile as a requirement for the establishment of the crime.

In addition, the legislative purpose and purport of the Act on the Protection of Children and Juveniles against Sexual Abuse, mentally familiar, impulsely, and economically independent characteristics of children and juveniles, child and juvenile pornography that are difficult to recover to children and juveniles, as well as to protect children and juveniles from sexual abuse or exploitation, and that they grow up to be members of a healthy society by severely punishing persons who have committed sexual acts against children and juveniles.