Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim arrived at a D restaurant located in Masan-si, Masan-si, around February 2, 2014, in line with the investigation agency to the court below's decision, and the defendant first am in line with the defendant's oral drinking, and the victim reported the defendant to the police and went away from the police. The defendant made the statement that the victim was able to suffer bodily harm (Evidence No. 20, No. 49, No. 51 of the record of evidence, No. 49, No. 51 of the trial record). The victim made a statement that he was unable to get the victim out of the court below. ② The victim reported false facts, such as the victim was a drug offender at the above time, at the place, to the police office, and made a defect in the victim's escape, and immediately after the victim's oral examination, the part of the victim's statement and its reason stated in the judgment are consistent with the aforementioned.