The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The seized evidence1 to 7 shall be confiscated.

1. Summary of grounds for appeal;

A. Defendant 1) In the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Act, etc.), 149 crimes, the source of which was indicated as “Aphone X chromanite”, were seized beyond the scope of the search and seizure warrant, and the ID and password of AA account received from the Defendant were provided at the continuous request of an investigative agency, so it cannot be deemed a voluntary provision, and thus, information obtained, and information stored in AA server is also illegally collected.

Therefore, the exclusion of such illegally collected evidence is not guilty because there is no evidence to acknowledge the facts charged.

B) Since the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) was committed (1) using images stored in the SD Card that was seized and seized as evidence for separate criminal facts and did not obtain additional search and seizure warrant, exclusion of the illegally collected evidence is all not guilty without any evidence to prove the facts charged. (2) Preliminaryly, the aforementioned images cannot be seen as images of “the body of another person, which may cause sexual humiliation or shame” and thus, it also constitutes innocence. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment, forty hours of imprisonment, order to complete sexual assault treatment programs, restriction on employment for each three years with children and juveniles-related institutions, etc., and confiscation of evidence 1 through 7) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records of this case as to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Information and Communications Network Utilization and Information Protection Act) and whether the electronic information stored in the “Aphone X chrocon” was illegally collected evidence.