1. The guilty part of the judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for six years;

3. 40 hours to the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant’s defense counsel by mistake of facts or misapprehension of the legal doctrine was identified in the facts charged in the case of crimes indicated in paragraph (2) of the facts charged in the judgment below through a written opinion dated July 24, 2018.

As such, the judgment of the court below that found the defendant guilty was erroneous in the misapprehension of legal principles.

However, this cannot serve as a legitimate ground for appeal because it was asserted after the date of appeal and the period for filing an appeal was not timely, and even if the above argument becomes a legitimate ground for appeal, the purport of the law that allows the court to specify the facts charged by specifying the date, time, place, and method of the crime in the facts charged is to limit the scope of defense against the court and to facilitate the exercise of defense by specifying the scope of defense against the defendant. Thus, the facts charged are sufficient to include the facts constituting the elements in the facts charged in a comprehensive manner, and even if the date, time, place, and method of the crime are not indicated in the indictment, if the general description of the facts charged is inevitable in light of the nature of the crimes charged without going against the purport of the law that allows the specification of the facts charged, and it cannot be deemed unlawful since the indictment is not specified (see Supreme Court Decisions 2004Do6646, Jan. 14, 2005; 208Do484, Oct. 12, 2006).