The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the victim received a request from the victim for a misunderstanding of facts (illegal photographing part) first, it is thought that the victim has consented or impliedly consented to the photographing. There was no intention to do so.

B. The lower court’s sentence of unfair sentencing (two years of imprisonment for a period of ten-month suspension, etc.) is too unreasonable.

2. Determination

A. The following facts acknowledged by the record as to the assertion of mistake of facts are: (a) the victim's statement on the grounds that the victim's request for photographing pictures and the process during which the victim's statement was known of illegal photographing is specific and consistent; and (b) the result of digital forensic appraisal on the defendant's mobile phone conforms to the victim's statement; (c) the defendant's photograph taken at the victim's request is merely a photograph that the victim was informed of his/her clothes while taking the victim's cell phone; and (c) there is no evidence to regard the victim's consent to taking the victim's cell phone; and (c) the victim's first fell with the defendant on the day of the instant case; and (d) the victim was directly deleted from the victim's cell phone in light of the fact that the victim discovered his/her photo and sexually related video image on the victim's cell phone and deleted it directly with the victim

Ultimately, it is reasonable to view that the Defendant taken photographs of the victim’s body body and sexual intercourse against the victim’s will.

B. As to the assertion of unfair sentencing, it is favorable for the defendant to have no particular criminal record in addition to being punished once as a fine for larceny.

However, it is not good that the defendant taken photographs of the body and sexual intercourses against the first victim's will, and transmitted some of them to the people, and the crime is not high in light of the possibility of spreading thereafter.