A. The punishment of the lower court (a year of imprisonment, two years of suspended execution, and community service) is too unreasonable.

B. In light of the evidence consistent with the facts charged in the instant case by mistake of facts, the lower court acquitted the Defendant of this part of the facts charged, although it could sufficiently be recognized that the Defendant’s act constitutes a sufficient threat of the victim’s free will, and that the Defendant intended to interfere with the victim’s business, was erroneous in matters of determination of facts. 2) The lower court’s sentence is too unreasonable and unfair.

2. Determination

A. 1) The determination of the prosecutor’s assertion of mistake of facts in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, the court should determine the defendant’s interest even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in light of the fact that the criminal appellate trial has the character as an ex post facto trial even though it belongs to the court of appeal, and the spirit of the substantial direct psychological principle under the Criminal Procedure Act, etc., in a case where the first instance court rendered a judgment of not guilty of facts on the grounds that there is insufficient evidence to exclude a reasonable doubt after undergoing the examination of evidence, such as the examination of witness, etc., it may be probable or doubtful as to the facts opposed to the appellate trial

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, it is erroneous in the judgment of the first instance court that there is insufficient proof of crime.