가. 사실오인 피고인은 카터 칼로 자해하는 시늉을 하며 피해자에게 자신의 억울한 처지를 호소하고자 한 것이고, 피해자를 협박하지 않았으며 협박할 의도도 없었다.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the Defendant’s assertion of mistake of facts on the ground that the Defendant also asserted the same purport as the allegation of mistake of facts, and that the court below, in full view of each of the evidence in its judgment, could have recognized the fact that the Defendant threatened the victim in kk-car,

In full view of the evidence duly admitted and examined by the court below, the above conclusion of the court below is justified, and there is no error of mistake of facts as pointed out by the defendant.

We do not accept this part of the defendant's assertion.

B. The circumstances favorable to the defendant on the argument of unfair sentencing are as follows.

The defendant's crime did not cause direct damage to the life or body of the victim because of intimidation.

The defendant expressed his intention that the investigative agency does not want to punish the victim.

The circumstances unfavorable to the defendant are as follows:

The defendant threatened the victim by carrying a knife, which is a dangerous thing, and seems to have caused considerable threat to the victim.

Prior to the crime of this case, the Defendant has been punished by a fine and imprisonment for a crime related to violence several times, and committed the crime of this case during the period of repeated crime due to the same crime.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

b. the defendant