A. The Defendant made a statement in a court that memorys mistake and misunderstanding of legal principles.

According to the use of follow-up transportation cards under the name of J, it was proved that J was not in the Seoul Special Metropolitan City, Nowon-gu Twit on July 28, 2011.

I and K's statements are not reliable because they are not consistent and are inconsistent with objective circumstances.

B. The first instance sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted the same purport in the first instance trial.

The first instance court rejected the argument in detail under the title "the judgment on the defendant and his defense counsel's assertion".

Examining the following circumstances in light of the evidence duly admitted and examined by the first instance court, it is justifiable to conclude that the first instance court was reliable in the statement of K and I, and that the statement of the Defendant and the J was proven to the extent that there is no reasonable doubt as to the facts charged.

Defendant’s assertion of mistake and misapprehension of legal principles is without merit.

① In light of the following circumstances, it is difficult to view the details of operation indicated in the details of the use of the post-paid transportation card under the J as directly driven by the J. Therefore, it cannot be deemed that the use of the post-paid transportation card alone was found that the J did not gather between 13:00 and 16:00 on July 28, 201.

The user of the post-paid transportation card under the name of J was frequently driven from the time to the late time to the expiration of the self-determination, and the long-distance driving from Seoul to the remote area was high.

On July 29, 2011, the following day of the instant case, the driver of the 12:29 U.S. using the post-paid transportation card, respectively, via the Gu Ri, Dong, Seoul, Kim Hensan, and Taedong, respectively.