The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

The defendant's assertion of unfair sentencing on the guilty portion of the judgment of the court below (two years and six months of imprisonment) is too unreasonable.

Although the prosecutor's assertion of misunderstanding the facts as to the acquittal portion of the judgment of the court below was rejected immediately after the case, the victim was unable to submit as evidence the photographs recorded in the facts charged, but the victim stated specifically in the investigation agency and the court below

The credibility of the statement of the victim cannot be assessed to lower the credibility of the statement solely on the ground that the victim confirmed the relevant photographic material through an island or nail.

The defendant sent the victim an E-mail that expresses the fact of photographing.

Despite these circumstances, the judgment of the court below which acquitted the defendant of the crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasia use photographing).

Judgment

In light of the fact that the criminal appellate court has the nature of ex post facto trial as to the prosecutor’s assertion of mistake, and the fact that the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as examination of witness, etc., the first instance court may raise probability or doubt about the facts partially opposed to the result of the appellate court’s examination.

Even if it does not reach the extent of sufficiently resolving the reasonable doubt caused by the first instance trial, such circumstance alone alone alone is insufficient to readily conclude that there was an error of misunderstanding of facts in the judgment of the first instance court that there is insufficient evidence for a crime, and thus, it cannot be found guilty of the facts charged (see, e.g., Supreme Court Decision 2015Do11428, Feb. 18, 2016). Based on the foregoing legal doctrine, ① the photographs recorded in this part of the facts charged are not submitted as evidence, and ② the