The defendant's appeal is dismissed.

The court below dismissed the prosecution against the defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and convicted him of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

As to this, only the defendant appealed against the guilty portion of the judgment below, the dismissed portion was separated and finalized as it is after the lapse of the appeal period, and excluded from the scope of the judgment in the party.

2. Summary of grounds for appeal;

A. There is no fact that the Defendant had taken the victim as shown in the instant facts charged.

B. The lower court’s sentence of unreasonable sentencing (the imprisonment for six months, the suspended sentence for two years, the probation, the order to attend a sexual assault treatment lecture for 40 hours, the order to provide community service for 200 hours, the restriction on employment for five years) is too unreasonable.

3. Determination

A. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the circumstances indicated in the judgment.

Examining the evidence duly adopted and examined by the court below closely, the judgment of the court below is just, and there is no violation of law of misunderstanding of facts alleged by the defendant.

[피고인은 피해자에게 보낸 사진이 피해자를 촬영한 것이 아니라 M가 이 사건 당일 B모텔에서 다른 여자를 촬영한 것이라고 주장한다. 그러나 피고인은 원심 판결 선고 전까지 피해자에게 보낸 사진은 B모텔 컴퓨터의 포르노 영상을 휴대전화로 촬영한 것이라고 주장하였다가 당심에 이르러 사진의 출처에 관하여 위와 같이 주장을 변경하였는데, 그 번복 경위에 대하여 납득할 수 있는 설명이 없고(피고인은 단순히 곰곰이 생각해보니 사진의 출처가 생각났다고 주장하고 있다

In addition to the circumstances properly stated by the lower court, the Defendant’s assertion cannot be accepted.

The trial-oriented principle and the direct principle on the argument of unfair sentencing are applied.