The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. Ex officio determination

A. According to the statement of grounds of appeal submitted by the Defendant’s defense counsel, the Defendant asserted only the mistake of facts as the grounds of appeal in the lower court, which found the Defendant guilty of each of the facts charged in this case without any intention to obtain deception or deception.

However, the defendant and his defense counsel explicitly withdrawn the above mistake of facts while recognizing all the facts charged of this case on the date of the first trial of the party.

However, in light of the reasoning of the judgment below ex officio and closely comparing it with the records, the above judgment of the court below is just and it is difficult to see that there is an error of mistake of facts.

B. The Defendant and his defense counsel withdrawn the assertion of mistake of facts as above in the trial court, and only asserted of unreasonable sentencing to the effect that “the Defendant appealed on the grounds of two-dimensionalness.” The Defendant and his defense counsel stated matters not included in the grounds of appeal in the appellate court

Even if there are no grounds for appeal as to the assertion contained in the statement (see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998). Thus, the Defendant and the defense counsel’s assertion of unfair sentencing is subsequent to the submission period for the grounds for appeal, and does not constitute legitimate grounds for appeal.

However, the appellate court may decide ex officio on the grounds that affect the judgment, even where the grounds for appeal are not included in the statement of grounds for appeal (Article 364(2) of the Criminal Procedure Act), and where the defendant appealed only on the grounds of mistake of facts, the appellate court may reverse ex officio the judgment of the first instance on the grounds of unfair sentencing, and determine a minor sentence than the sentencing of the first instance on the grounds of unfair sentencing (see, e.g., Supreme Court Decision 90Do1021, Sept. 11, 1990). The same applies to cases where the defendant appealed on