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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles (2) 1-2 of the judgment of the court below 1-2 of the court below and 1-3 of the shooting using a camera as stated in paragraph (1).
B. The Defendant took a photograph with the consent of the victim, and taken the victim's back her part in the family court because the victim's words were newly inserted, and the above photographs were not taken against the victim's will. Thus, Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which does not apply to the act of distributing them, should be applied.
Therefore, the court below erred by misunderstanding the facts and misunderstanding the legal principles.
(2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, forty hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s argument of misunderstanding of facts and legal principles, namely, ① the victim F consistently states that there was no consent from the investigative agency to take pictures of video pictures; ② the victim came to know that the Defendant taken pictures, and the victim told the Defendant to delete the photo files; ③ the victim first met the Defendant around October 13, 2015 after he first became aware of the Defendant through the Internet around August 13, 2015; and (3) it appears that the Defendant only one time through the Internet, but the Defendant did not allow the Defendant to take such pictures as stated in the lower judgment, upon considering the following circumstances acknowledged by the lower court’s evidence duly adopted and investigated; (b) the victim F made a consistent statement that there was no consent from the investigative agency to take pictures of video pictures; and (b) the victim distributed the pictures to the victim by using smartphones against the victim’s will.