The defendant's appeal is dismissed.

The costs of lawsuit by the court below shall be borne by the defendant.

1. The summary of the grounds for appeal is that the judgment of the court below is a case where the mistake of facts has affected the conclusion of the judgment.

In addition, the sentence prescribed by the court of the court below (six months of imprisonment) is too unreasonable.

2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of facts, it is just and acceptable for the court below to find the Defendant guilty of the facts charged in this case as stated in its holding.

We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.

There are circumstances in which the defendant has to support the illegal argument of sentencing, and only once a fine is imposed, and there are no criminal records of the same kind.

However, the criminal liability of the defendant is not against the law.

In particular, it did not pay damages.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the costs of lawsuit corresponding to a part of the costs of lawsuit.

The cost of the witness and the cost of the national defense counsel claimed by the defendant is the cost of the witness.

If the appeal is dismissed against the judgment of the court below which did not contain any description as to the burden of the costs of lawsuit, the appellate court shall bear the costs of lawsuit by adding them to the costs of lawsuit of the court of first instance.