The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Although Article 2 subparag. 5 of the Act on the Protection of Child and Juvenile from Sexual Abuse defines obscene materials that may appear as “child, juvenile, or person who may be perceived as a child or juvenile pornography” as “child, juvenile, or child or juvenile pornography,” in light of the critical view that the scope included in the above provision is too broad, it should be interpreted only where children, juvenile pornography materials under the current law are clearly perceived as children, juveniles, or juveniles, and are being amended and enforced.

However, the person appearing in the video of this case is not a child or juvenile, and the video of this case is legally produced by contributing adult friendship, and thus the person appearing in the video cannot be clearly perceived as a child or juvenile, so the video of this case does not constitute a child or juvenile pornography.

B. The sentence imposed by the lower court (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. Ex officio determination - With respect to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), committed from April 2, 2011 to March 15, 2012, the summary of the first criminal fact in the original adjudication is that the Defendant violated Article 8(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse by openly displaying the obscene materials for profit from April 2, 201 to August 28, 2012. However, Article 2 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which defined the “child and youth pornography”, is limited to the appearance of “child and youth pornography materials” but is limited to the appearance of “child and youth pornography materials” on September 15, 2011.