The defendant's appeal is dismissed.

1. Judgment on the Defendant’s assertion of mistake of facts

A. The defendant alleged that he was guilty of the facts charged by mistakeing the facts, even though he was flaged with the bones of the body of the victim upon the victim's request and did not contain his fingers.

B. In a case where there are no new objective grounds that could affect the formation of evidence during the appellate trial’s trial process, and there are no reasonable grounds to believe that the determination of evidence for the first instance was clearly erroneous, or that the argument leading to the acknowledgement of facts was significantly unfair due to the violation of logical and empirical rules, the judgment on the recognition of facts under the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted the same purport at the lower court, but the lower court rejected the Defendant’s assertion on the grounds of the detailed circumstances stated in the “judgment on the assertion of the Defendant and his defense counsel,” and convicted the Defendant of the facts charged.

There is no reasonable reason to deem that the judgment of the court below was clearly erroneous in the examination of evidence or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.

The judgment of the court below is justified.

Defendant’s assertion is not accepted.

2. In a case where there is no change in the sentencing conditions compared to the lower court’s determination on the Defendant’s unfair assertion of sentencing, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new data on sentencing, and there is no change in the sentencing conditions compared to the lower court

In addition, a criminal defendant is committed.