Photo/Illutration The Supreme Court in Tokyo’s Chiyoda Ward (Asahi Shimbun file photo)

The Supreme Court has ruled that computer graphics (CG) depicting real-life naked children constitute child pornography, upholding a 2017 high court ruling against a graphic designer who sold such images online.

It marked the first judgment of its kind by the top court.

The Supreme Court on Jan. 27 rejected the appeal of Akashi Takahashi, 59, a resident of Gifu, who was charged with violating the law Banning Child Prostitution and Child Pornography.

The court upheld the 300,000-yen ($2,800) fine imposed on Takahashi for producing and selling CG images based on nude pictures of female children.

In 2008 and 2009, Takahashi complied a total of 34 CG images in two portfolios of his works and sold them online.

In 2013, he became the first person arrested over CG images suspected of violating the law Banning Child Prostitution and Child Pornography.

Prosecutors listed 34 of Takahashi's images as child pornography.

In previous rulings, the Tokyo District Court and the Tokyo High Court examined if the depicted female children exist; if they were under 18 years old; if each CG image was identical with existing female pictures used for the CG sources; and if they could correspond to items of stimulating sexual desire, which is banned by the law.

Three of Takahashi’s works in the 2009 portfolio were confirmed as being modeled after girls in a photo book published in the 1980s and were regarded as child porn.

When defense lawyers argued that it needed to be proved that the children depicted were under 18 at the time the CG images were produced, the Supreme Court rejected the argument, saying, “Their ages at the time the CGs were produced is not a requirement.”

A justice said in his supporting opinion: “Even if the depicted person has already turned 18, the person deserves protection from sexual exploitation.”

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