The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s change of the date and time of the crime as stated in the indictment from April 24, 2015 to 18:00 on April 24, 2015 is unlawful.

B. The Defendant does not have any misunderstanding of facts against the victim, such as the content of the instant facts charged.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. According to the record of the instant case’s assertion of misapprehension of the legal doctrine, the Defendant and the defense counsel asserted that the indictment should be modified by arguing that the Defendant and the defense counsel, at the lower court, had face-to-faced facts at the places indicated in the indictment with the victim around April 18, 2015, but around April 24, 2015, around April 11, 2015, such as the written indictment, did not have itself, at around 14, 2015

Accordingly, during the second trial of the lower court, the prosecutor filed a motion to correct the date and time of the offense as stated in the indictment from “ around April 11, 2015” to “ around April 24, 2015. 18:00,” and the date and time of the offense as stated in the indictment was corrected on the ground that the Defendant did not raise any objection thereto.

Generally, the date and time of a crime is not a factor to specify the facts charged, and its date and time is somewhat different.

Since it does not require the procedures for Amendments to Bill of Indictment, the correction of the date and time of the crime in the Bill of Indictment to "18:00, an adjacent perspective from "11:00" on the same day can only be made without the Amendments to Bill of Indictment, and since the defendant consented to it, the above correction of the Bill of Indictment is lawful, and no particular illegal cause is found.

Therefore, the defendant's assertion of legal principles is without merit.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the victim is the victim at around 18:00 on April 24, 2015, as stated in the facts charged.