The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One cell phone (No. 1) seized is available.

1. Summary of grounds for appeal;

A. The reasoning for appeal by the defendant is that the punishment of the court below (two years and six months of imprisonment) is too unreasonable.

B. One mobile phone (No. 1, hereinafter “the instant mobile phone”) seized by the Defendant from the prosecutor’s ground of appeal is a product provided to a criminal act, and thus, it should be confiscated. However, the judgment of the court below is erroneous in omitting this.

In addition, the sentence of the court below is too uneasible and unfair.

2. First of all, we examine the prosecutor's grounds of appeal on the forfeiture of the mobile phone of this case.

In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant crimes, (i) the Defendant photographs the victim’s negative part against the victim’s will on January 19, 2019 with the instant cell phone in the course of rapeing the victim on January 19, 2019; and (ii) on February 9, 2019, the Defendant displayed the victim’s photograph exposed to the victim’s buckbucks, which were taken at the time of the above bucking, openly using the instant cell phone. Thus, the instant cell phone constitutes a tool for committing the crime that is indispensable to the instant crime; and (ii) the victim’s photograph stored in the instant cell phone without the confiscation of the instant cell phone, which is likely to cause additional damage to the victim, it is reasonable to confiscate the instant cell phone as goods provided for the instant crime pursuant to Article 48(1)1 of the Criminal Act.

Therefore, this part of the prosecutor's argument is justified.

Furthermore, if there is a ground to reverse only the part of confiscation or collection among the judgment of the court below which sentenced confiscation or collection in addition to the principal penalty, that part shall be reversed in principle, or on the ground that the court below did not sentence confiscation or collection.