A. The Defendant of mistake of facts did not threaten or injure the victim as stated in the facts charged in this case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below's decision on the assertion of mistake of facts: ① the victim's statement at investigation agencies and the court below's trial has consistent credibility in the specific and main part; ② the statement at D's investigation agencies and the court below's trial immediately after the case conforms to this; ③ the defendant filed a complaint with the victim due to piracy, perjury, but most of the suspected facts were prosecuted; ③ a non-prosecution order was requested for summary order as to perjury. However, this is merely about the victim's testimony at the court below's trial on whom the victim got out of Korea at the time of the instant case, and it is difficult to view that the victim's statement all is credibility merely because the victim's statement was related to the victim's testimony at the court below's trial on whom the victim got out of Korea at the time of the instant case; ④ the victim's knife's appearance immediately after the instant case was faced with the victim's escape from the victim's house, ⑤ the victim's face was exposed to 281.