All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not recognize that the victim was a juvenile under the age of 19 at the time of the instant case.

B) The injured party’s wife suffered from the instant case does not constitute “injury” in the crime of rape and injury. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The prosecutor (Misra and misunderstanding of legal principles) collected electronic information, such as video and photographic, which is evidence of the charged facts of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “instant electronic information”). The evidence of the charged facts of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) was confiscated by a lawful search and seizure warrant, and the charged facts of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) fall under the act identical or similar to the charged facts of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, it is not necessary to issue a separate search and seizure warrant to collect the instant electronic information, which is evidence. Ultimately, the instant electronic information is legally collected, and admissible as evidence, and its statement by the defendant is admissible, and evidence can be found guilty of the charged facts of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

Nevertheless, the lower court found the Defendant not guilty of the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamerasation) on the ground that the electronic information of this case was inadmissible as illegally collected evidence, and that it was a secondary evidence obtained based on the Defendant’s statement and obtained based thereon, and thus, determined by the lower court.