A. At the time of photographing the pictures of this case by the defendant of mistake of facts, the defendant and the victim were immediately after having sexual intercourse and the victim was aware of the photograph of the defendant, so the victim gave implied consent to the photograph of the defendant at least.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine, confiscation) is too unreasonable.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the Defendant’s assertion in detail by stating the Defendant’s assertion and its decision in detail.

In addition to the evidence duly adopted and examined by the court below, considering the following circumstances, it is difficult to view that the victim gave implied consent to the photographing of the defendant.

Therefore, the judgment of the court below is just and the defendant's above assertion is without merit.

(1) There is no material showing whether or not the defendant has taken the body of the victim with the consent of the victim of ordinary peace.

(2) Even if the defendant and the victim are immediately after the division of sex relationship, the victim cannot be deemed to have consented to take his/her body body.

③ The Defendant taken a victim with a opon 6 mobile phone he/she used (No. 2 right 46 of the evidence record), and if he/she did not take a photograph from a mobile phone, it appears that it was difficult for the Defendant to clearly recognize the photograph of the victim.

(A) The victim made a consistent statement from the investigative agency to the court of the court below that he did not know the defendant's photograph, and even if the victim's appearance indicated in the photograph of this case, the victim does not take any business before the defendant).

The judgment of the court below on the assertion of unfair sentencing.