The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. The defendant taken pictures using a camera, etc. as stated in Paragraph (1) of the judgment of the court below on Oct. 1, 2010 to Nov. 1, 2010, the defendant taken pictures of sexual intercourse with the victim's consent or implied consent, and did not have taken pictures against the victim's will, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding

B. On November 12, 2012, the Defendant was found to have exceeded the clothes of the victim during the process of disputing with the victim around 10:40 on November 12, 2012. However, the Defendant was not convicted of the victim by having the victim, who was in the state of body, failed to get off the victim by driving a day-to-day vehicle in a 30-minute city with a 30-minute percentage, without being able to get off the victim. However, the lower court found the Defendant guilty of this part of the charges and erred by misapprehending

2. Determination

A. 1) Determination of the assertion of mistake of facts is based on the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as follows, i.e., ① there was no agreement between the defendant at the time when the defendant had sexual intercourse with the defendant from the investigative agency to the court below, and the defendant did not know the fact that the defendant had sexual intercourse with the defendant, and consistently stated to the effect that he had known of the fact that the video and photograph taken by the defendant were sent to a cell phone, and ② the defendant had taken a sexual relation head with the victim's consent or implied, but the defendant was also aware of the victim's sexual relation head with the victim's sexual intercourse with the victim's sexual intercourse with the victim, and the defendant was also aware of the victim's sexual intercourse head with the victim's sexual intercourse with the victim, but the victim was not given consent to the victim's sexual intercourse (Evidence evidence No. 89 of the prosecution's records, etc.).