The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The date and time of the crime indicated in the indictment in the indictment of this case, which is unspecified in the facts charged, is merely presumed to be the calendar time based on the outcome of the urinal appraisal against the defendant, and the place of the crime is also widely stated, and the quantity and method of administration are also indicated in each scarcity, and thus the facts charged

shall not be deemed to exist.

B. The Defendant did not administer philophones at the time and place stated in the instant indictment.

(c)

The punishment sentenced by the court below (two years of imprisonment, additional collection 200,000 won) is too unreasonable.

2. Determination

A. As to the facts charged, 1) An entry in the public prosecutor’s office should be made by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, it is sufficient that the facts constituting the elements of the charges are stated to the extent that it is recognizable from other facts by comprehensively taking into account these elements, and even if the date, time, place, method, etc. of a crime are not specified in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, in light of the nature of the offense charged, and if it is inevitable to indicate the general facts in light of the nature of the offense charged, and it does not interfere with the defendant

In light of such legal principles, the date and time of the instant crime, based on the data on the date and time of recovery from the reaction of philophone training, and the period of discharge from the philogram medication, (see, e.g., Supreme Court Decisions 2007Do2694, Jun. 14, 2007; 2008Do4854, Jul. 24, 2008). According to the evidence duly adopted and examined by the court below, the prosecutor, based on the evidence duly adopted and examined by the court below, shall be deemed as follows: “The date and time of the instant crime from May 2, 2015 to the am of August 11, 2016” and “the date and time of the instant crime from August 5, 2016 to the am of the same month.”