The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant is not a joint operation of C and the game of this case, but a C alone.

When the defendant puts a place into a hospital due to bad C's health, etc., he only sees the head of a diving game.

B. The first deliberation penalty (one year of imprisonment) for the sentencing is too unreasonable.

2. Determination:

A. As to the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport in the first instance trial, but the first instance court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly admitted and examined, and rejected the Defendant’s allegation on the grounds of the last part of the evidence’s summary.

Examining the facts and judgments as above in comparison with the records, the first instance court's finding the Defendant guilty of the facts charged is justified, and it is sufficiently acceptable, and there is an error of law by misunderstanding the facts affecting the judgment.

Therefore, the defendant's above assertion is without merit.

B. In the instant case where there is no change in the conditions of sentencing that would be specifically considered when regarding the unfair argument of sentencing in the appellate trial, the first instance court’s determination is difficult to view that the first instance judgment is unfair because the Defendant’s age, sexual conduct, environment, health conditions, family relationship, motive, means, and consequence of the crime, etc. are too away from the scope of discretion, in full view of the various circumstances indicated in the column for “reasons of sentencing.”

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.