The appeal by the prosecutor is dismissed.

A. The lower court found the Defendant guilty of the facts charged in the instant case based on the testimony of E without credibility, etc., inasmuch as the Defendant was hospitalized in a hospital due to the lack of health care as the Defendant was in a state of being hospitalized in the hospital as of June 2011, the lower court erred by misapprehending the facts that affected the conclusion of the judgment.

B. The prosecutor (e.g., 8 months of imprisonment and 100,000 won of collection) of the lower court is deemed to be too uneased and unfair.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, and ① the defendant made a statement at an investigative agency on June 201 that he had been hospitalized in a hospital without mentioning that he was hospitalized in a house, park, market, etc. (in the investigation record, 48, 49 pages) and the defendant was unable to administer phiphones because he was hospitalized in a police station on June 201 from the time when he was hospitalized in the court of the court below. ② According to the inquiry of the fact-finding at the Busan Busan J2 Hospital, the fact that the defendant was hospitalized in the above H2 Hospital from June 17, 201 to June 24, 201, but the fact that the defendant had been hospitalized in the above H2 Hospital from June 17, 2011 to June 24, 2011 that the defendant had been hospitalized in the court of first instance, and it appears that he had been hospitalized outside or outside the hospital from June 21, 2016.