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The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. The summary of the grounds for appeal by the defendant and his defense counsel (misunderstanding of facts and misapprehension of the legal principles) is as follows: the defendant's sexual relation pictures with the victim D's E Messenger.
Along with the fact that the Defendant sent a part of the phrase, such as “I stroke, I stroke,” and the rest of the message recorded in the facts charged did not send the message. Since C sent the relevant photograph to the victim by informing the victim of the fact that C taken the sexually related video of the fact that he/she was the victim, it cannot be acknowledged that the Defendant “the purpose of inducing or meeting his/her or another person’s sexual desire” as provided in Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is “the purpose of inducing or meeting his/her or the other person’s sexual desire” among the seized cell phones, the Defendant
Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case and sentenced confiscation for gallon No. 41, thereby misunderstanding the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The following circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the lower court, namely, ① from January 5, 2016 to January 13:13, 2016, the Defendant received from the victim D’s cell phone Ecom, which was known to the Defendant’s jum with the Defendant’s seat, using a gallon 1 mobile phone during the gallon period from around 04:31 to 13:13 on the same day, and stored a gallon 4 mobile phone, etc.
C과 피해자가 나체로 성관계하는 모습이 촬영된 사진 7 장과 “ 와우 잘한다 이”, “ 이 잘하긴 잘해 인정”, “ 이 보지 해 주고 싶어”, “ 사 카치는 졸 잘해”, “ 섹스도 넘 못하는 것보다 잘하는 게 좋지”, “ 내가 더 크고 더 잘하는데 쩝”, “ 아 이 보지가 아쉬웠어 저 사이즈는 안 되는데”, “ 아 참 보지 씻는 거 요즘 청결제 좋은 거 많잖아
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