A. The court below found the defendant guilty of this part of the facts charged even though the defendant did not recognize that he had excessive possession at the time and did not detain the victim L, which was erroneous (the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.). The court below erred by misunderstanding the facts and affecting the conclusion of the judgment

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

2. Determination

A. 1) With respect to the assertion of mistake of facts, the degree of formation of a conviction for the finding of guilty in a criminal trial should be such a degree that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence recognized as having probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. If the witness's statement is consistent in the main part, it is not somewhat consistent with the witness's statement on other minor matters. Thus, the credibility of the witness's statement is not denied without permission (see, e.g., Supreme Court Decision 2008Do12112, Aug. 20, 2009). 2) Based on the above legal principles, the defendant and counsel in the court below also asserted the same purport as the grounds for appeal in this part, and the court below rejected the defendant's argument that there is a mistake of facts as alleged in the following items of "judgment on the defendant and his defense counsel", and the court below rejected the defendant's argument that the defendant's statement had been affected the judgment.