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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 of the misapprehension of the legal principle merely received the victim’s photograph and video image sent by the victim’s own photographing, and the Defendant’s act does not constitute “production” of obscene materials under the Act on the Protection of Children and Juveniles against Sexual Abuse, and deeming it as constituting “production” of obscene materials goes against the principle of no punishment without the law. Nevertheless, the lower court’s conviction of violating the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse due to production of obscene materials is erroneous in the misapprehension of the legal principle, which thereby adversely affected the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment, three years of suspension of execution, three years of community service, two hundred
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Judgment on the misapprehension of the legal principle of the defendant
A. The lower court determined that the Defendant’s act constitutes “production” of obscene materials for children and juveniles as stipulated under the ASEAN, in full view of the legislative purpose and purport of the ASEAN’s Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”), and of protecting children and juveniles from sexual abuse or exploitation, and allowing them to grow into healthy members of society by severely punishing those who have committed sexual acts against children and juveniles.
B. In addition to the above judgment of the court below, in addition to the above judgment of the court below, the characteristics of children and juveniles who are not mentally well-known, dynamic, and economically independent, and obscene materials used by children and juveniles are not only known to the injured children and juveniles directly, but also distorted perceptions about sex and abnormal perceptions for viewing.