The defendant's appeal is dismissed.

1. The summary of the grounds for appeal was actually hospitalized in E Hospital on July 2, 201 and discharged on July 21, 201, and thus, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case is erroneous in matters of mistake of facts.

2. According to the evidence duly adopted and examined by the lower court, the fact that the Defendant was discharged on July 15, 201 after being hospitalized on July 2, 201, on the medical fee, physical therapy request, nursing record, meal table, etc. prepared by a doctor, nurse, etc. of an E hospital as a receiver, and after being hospitalized on July 15, 201, can be acknowledged that the date of discharge is indicated as July 15, 201 in the table of meals and written confirmation of discharge signed by the Defendant.

In the instant case where there are no circumstances to doubt the credibility of hospital data, such as examination and treatment fee and nursing record prepared officially by doctors and nurses, and of the meal table with the fact that the Defendant has signed directly, and of the certificate of discharge, the Defendant was hospitalized in the E Hospital on July 2, 201 and discharged on July 15, 201, and thus, the Defendant’s assertion is unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.