The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

1. Summary of the grounds for appeal: Although the Defendant did not commit the same crime as indicated in the facts charged of this case, the court below erred by misapprehending the legal principles as to the Defendant’s guilty.

2. Although the lower court also asserted the same purport as the above grounds for appeal, the lower court rejected the Defendant’s assertion on the grounds of the detailed circumstances as indicated in its reasoning.

Examining the reasoning of the judgment below in light of the record and closely, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the burden of litigation costs is determined as per Disposition by applying Articles 191(1) and 190(1) of the Criminal Procedure Act.