The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the mental and physical weakness above the mental disorder.

B. On the part of the Defendant’s misunderstanding of facts (as to the injury caused by violence), the victim G is not beyond the process of the Defendant’s theft of the victim G, but beyond the process of inducing the Defendant.

Therefore, there is no causal relationship between the defendant's act and the victim's injury result.

Nevertheless, the court below found the defendant guilty on this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(c)

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. On August 28, 2017, the Defendant asserted the mental and physical disorder as above through a written application for coaling on August 28, 2017. However, this cannot be deemed a legitimate ground for appeal as it was subsequent to the lapse of the period for filing an appeal.

B. Even upon ex officio review, in light of various circumstances, such as the background leading to the instant crime, the means and method of the crime, and the Defendant’s conduct before and after the instant crime, it does not appear that the Defendant did not have reached a state where he had the ability to discern things or make decisions beyond the spirit at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. The evidence duly adopted and examined by the court below as to the assertion of mistake of facts was stated that the Defendant gave consent to the victim G’s statement(s) and the investigation report(s) stating the victim G’s statement(s) from among the evidence submitted at the first trial date at the trial of the court of first instance at the first instance.

However, the declaration of consent to the evidence under Article 318 of the Criminal Procedure Act may be revoked or withdrawn before the completion of the examination of evidence, but once after the examination of evidence is completed, it is not recognized to be revoked or withdrawn before the cancellation or withdrawal.