A defendant shall be punished by imprisonment for not less than one year and six months.

A. In relation to the crimes of Articles 1, 3, and 5 of the facts charged of mistake of facts, the Defendant committed an act of confinement, intimidation, or assault against the victim, but the Defendant did not commit the above act with a view to cancelling retaliation or accusation against the victim's complaint.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, it is inevitable to reasonably determine in light of social norms, by comprehensively taking into account various objective circumstances such as the victim’s speech and behavior, character and behavior of the defendant, reputation and ordinary behavior characteristics of the defendant, possibility of predicting the crime, and circumstances before and after the crime (see, e.g., Supreme Court Decision 201Do9030, Sept. 26, 2014). The judgment of the court below and the court below based on the following facts acknowledged by the evidence duly adopted by the court below and the court for the purpose of intimidation: (a) the victim’s consent and behavior, including the victim’s personal relationship with the victim who was the purpose of retaliation against the defendant; (b) the victim’s attitude in the course of investigation or trial; and (c) the provision of a investigation report, etc.

The defendant's assertion of mistake is without merit.

① On September 20, 2018, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Gwangju District Court due to special intimidation against the victim, etc., and the said judgment became final and conclusive on September 28, 2018.

(Seoul District Court Decision 2018Dadan2617 Decided September 20, 2018). Defendant is in the process of the above trial.