The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant taken the body of the victim with his consent while having sexual intercourse with the victim, such as misunderstanding of facts.

The defendant did not notify the victim of any harm or harm, and there was no criminal intent of intimidation against the defendant.

The sentence of unfair sentencing (one year of imprisonment and 40 hours of order to complete a sexual assault treatment program) of the lower court is too unreasonable.

When the original trial was conducted, the prosecutor of the Amendments to Bill of Indictment applied for the amendment of Bill of Indictment with the content that added the following facts charged as preliminary ones, while maintaining the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Taking advantage of Cameras, etc.) as the primary facts charged.

"Around 02:00 on July 2018, the defendant taken photographs of the victim's b body exposed to the victim's b body by using S9 flus cellular phone functions, and using the victim's balthm, during which the victim was locked, and the victim was locked at the defendant's house at the defendant's house at the time and at the same time and at the same place as the main facts charged and ancillary charges, the above changes are nothing more than the changes in the process of the motion, and they are the same in that the defendant taken six times the body of the victim's b body without the victim's consent." Thus, it cannot be deemed that the subject of the adjudication was substantially changed.

In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below in regard to the assertion of mistake of facts, the victim did not consent to the photographing of the body prior to the photographing of each of the instant pictures, and ii) even before the photographing of the Defendant, i.e., the Defendant asked 's “shot” before the photographing of the body.