A. In light of the following: (a) the instant crime committed by the prosecutor was committed by the Defendant by assaulting or threatening the victim E (hereinafter “victim”), which is a female victim; (b) the Defendant did not reflect the mistake while denying the crime; (c) the Defendant has been punished several times for the same crime (five times of fine and one time of suspended sentence of imprisonment); and (d) the Defendant did not have agreed with the victim, the sentence (two years of suspended sentence in six months of imprisonment, and probation) imposed by the lower court is unreasonable.

B. As to the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) and intimidation among the facts charged in the instant case, the Defendant did not threaten the victim, and the lower court convicted the Defendant of the above facts charged, so the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly examined and adopted by the court below regarding the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts is without merit, on the grounds that: (a) as stated in the judgment of the court below, the Defendant made intimidation the victim by using light gas burner and knife, a deadly weapon, which is a dangerous object from the date of November 2010; and (b) the fact that the victim was fladd with the victim, etc. and threatened the victim, can be sufficiently recognized.

B. Even when considering the above circumstances alleged by the prosecutor on the prosecutor’s assertion of unfair sentencing, the defendant has no record of being sentenced to a fine or heavier punishment for the same crime prior to the instant crime, and the balance of punishment expected to be judged simultaneously with the first crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), other character, conduct and environment of the defendant, the background and result of the instant crime, etc., and the circumstances after the instant crime, etc. are recorded and arguments.