The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: a woman appearing in the obscene image of this case is less than his/her body body, the overall physical form of which is dissatisfying, and there is no cigaretteing, and cremation is not conducted in a decent short hair, so it is possible to sufficiently determine that the woman is a child or juvenile without reasonable doubt.

Nevertheless, the judgment of the court below that acquitted the facts charged of this case is erroneous.

2. On the grounds indicated in its reasoning, the lower court determined that the said woman was proven without any reasonable doubt that the said woman is a child or juvenile, solely on the ground that the woman appearing in the obscene image of this case was in the form of a obscenity, and the woman appeared in the image, and the face or appearance seems to have been in the face or appearance, or that the Defendant entered an explanation that the female is a middle student by linking the image with the said female.

It is difficult to see

In light of the facts charged, the lower court acquitted the instant charges.

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the public prosecutor.

As to the fact that a video product does not constitute a video product that can be clearly perceived as a child or juvenile (see, e.g., Supreme Court Decisions 2014Do5750, Sept. 25, 2014; 2013Do12607, Sept. 26, 2014). Therefore, the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.