A. With respect to special intimidation by mistake of facts and misapprehension of legal principles, the part of the facts charged merely constitutes a crime of intimidation under Article 283(1) of the Criminal Act and does not constitute a special intimidation under Article 284 of the Criminal Act, and thus, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts and misapprehension of legal principles, which affected the conclusion of the judgment.

B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

(c)

The sentence (one year of imprisonment, confiscation) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the phrase “when a person commits a crime under Article 283(1) of the Criminal Act by carrying dangerous articles” under Article 284 of the Criminal Act refers to the case where a person carries a deadly weapon or other dangerous articles or carries them in his body under “the intention to use them at the scene of the crime”, and it does not include the case where a person carries them in possession of them immediately regardless of at all the charge. However, as long as a person carries dangerous articles, such as a deadly weapon, etc., or carries them in his body under the intention to use them at the scene of the crime, it does not require the victim to recognize the fact or have actually used them for the crime, and even if the victim did not know that he was in possession of them in excess at the time of the crime.

Even if the defendant commits a special intimidation as stipulated in Article 284 of the Criminal Code, the defendant's mistake of the above facts and misapprehension of the legal principles are without merit.

B. According to the evidence duly admitted and examined by the lower court, the Defendant is deemed to have served alcohol at the time of the instant crime, but the circumstances leading to the instant crime, the method and method of the crime, the process of the crime, and the following.