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Then as I previously stated, the photos would not be included in a backup to iCloud.
See the following from What does iCloud back up? - Apple Support
Your iPhone, iPad, and iPod touch backup only include information and settings stored on your device. It doesn’t include the information already stored in iCloud, like Contacts, Calendars, Bookmarks, Mail, Notes, shared photos, iCloud Photo Library, My Photo Stream, and files you store in iCloud Drive.
1. If you turn on iCloud Photo Library on your device, your photos and videos are already stored in iCloud, so they aren't included in your iCloud backup.
iCloud Backup and syncing photos to iCloud Photo Library are different things. If iCloud Photo Library is turned on then the photos are not included in iCloud Backup but they should sync to iCloud anytime any change is made (e.g., a new photo taken or a photo is deleted). If your photos were synced to iCloud Photo Library before th e device crashed they should automatically sync back to the device. You may want to use a computer and log in to www.icloud.com and look at the Photos app there. If they were synced to iCloud Photo Library they should be there.
Question: Why did my Icloud back up all recent info including messages but not my photos