The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the misunderstanding of the facts and legal principles, even before the shooting of the instant case, there were many cases where the Defendant permitted the act of photographing sexually related motion pictures, and even if the Defendant had a telephone with the victim, there was an entry of a photographer of sexually related motion pictures, and that the victim maintained a relationship with the Defendant for not less than 2 months even after the victim had taken the photograph from the Defendant, it should be deemed that the instant motion picture was made under the victim’s implied consent or presumed consent.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case erred by misapprehending the legal doctrine.

B. The lower court’s sentence (3 million won in punishment, 40 hours in order to complete the course) against an unjust defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to the assertion of misunderstanding of facts and legal doctrine, there was a legitimate reason to believe that the Defendant, as indicated in the facts charged, had implied or presumed consent of the victim on the act of photographing sexually related motion pictures with the victim, or that the Defendant consented to the victim’s consent.

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

1) The victim, at the investigative agency, told the Defendant to the effect that the Defendant would compel him to act prior to his sexual intercourse, revealed the fact of photographing sexually related video pictures, ② made the Defendant aware of the fact without his consent, and ③ searched the Defendant’s cellular phone to search for the photographer and automatically stored in the most recent items.