The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the Defendant of the primary facts charged in this case on the ground that the video products distributed by mistake of facts or misapprehension of legal principles were engaged in a sexual act against children and juveniles, and such video is not a child and juvenile pornography, and thus, constitutes a child and juvenile pornography, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against the Defendant (one million won of a fine) is too uneasible and unfair.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The gist of the facts charged in the primary charge of the instant case is that the Defendant used the clinic called “C” at the Internet site file tank (htp:/www.fil joint and several). From Apr. 2013, 2013, the Defendant used the clinic as “C”.

5. up to August, 200, by using a computer at the above residence, the title “(s) the site of computer-based file, “(s),” which read “(s) the site of education on the Internet site,” and “a female students in uniformed with school sports uniforms and sexual intercourse with the content of obscenity by exposing male and sexual organ to a man, thereby spreading obscene video files to a large number of unspecified people who joined the file site as members, thereby allowing them to download obscene video files.”

B. The lower court acquitted the Defendant of the primary charges of this case on the following grounds.

1) As to the term “child or juvenile pornography”, Article 2(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) defines “child or juvenile, or a person or representations that may be perceived as a child or juvenile” as “child or juvenile, or a person or representations that may be perceived as a child or juvenile,” but was wholly amended by Act No. 11572, Dec. 18, 2012, it can be clearly perceived as “child, juvenile, or child or juvenile.”