The judgment of the court below (including the part not guilty in the reasons) shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

(b) the defendant;

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E (tentative name) of the judgment of the first instance, the defendant's cell phone was stored in the victim's body body while operating the camera function and thus the victim's body form was entered in the cell phone. However, the judgment of the court below which recognized only the establishment of an attempted crime as to this part of the facts charged is erroneous in the misunderstanding of facts.

B. Each judgment of the court below on the unfair sentencing (the first instance court: imprisonment with prison labor for one year, the suspension of execution for two years, etc., and the second instance court: imprisonment with prison labor for one year, etc.) is too unjustifiable and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. Determination on the grounds for appeal

A. Around March 4, 2019, the Defendant: (a) around 17:46 on March 4, 2019, the following behind the victim E (one-six years of age) in dialogue with the friendship at the DPC room located in the Gu, Si, Si, Si, Gu, and Gu; (b) recorded his smartphone into the part of the victim’s schema; and (c) taken the part of the victim’s schema.

B. The judgment of the court below held that "if the defendant only prepared to take pictures without the router or shooting pressing, or the images of the body were not entered into the body, they are only attempted, and the crime of taking pictures cannot be deemed to have been committed," and then, the data restored from the seized cell phone device.