A. Fact-finding that the Defendant misunderstanding that knife the knife knife knife knife, but that knife knife knife knife knife knife knife knife knife knife.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the Defendant may recognize the facts of intimidation as stated in the facts charged. Therefore, the Defendant’s assertion of mistake of facts is without merit.

1) At the time of the instant case, at the scene of crime

E in the police, “the defendant blicks from the kitchen and blicks from the kitchen to the ward, and the female living together of the victim and the female living together with the victim who flicks on the side side of the victim.

” 는 취지로 진술하였으나, 이후 원심과 당 심의 법정에 증인으로 출석하여 위 진술을 변경하며 “ 당시 자신은 피해 자로부터 폭행을 당하여 당황한 상태로 있다가 피고인이 피해자의 옆구리 부위에 칼을 들이댔는지를 목격하지 못하였다.

“The statement was made to the effect that it was “.”

However, as above, E does not change its statement and explain reasonable reasons; E’s initial police statement is deemed to be a statement made by a person who has not been directly experienced; and E does not have any special reason to make a statement unfavorable to the Defendant at the time of the police investigation (in addition, E has no reason to make a statement in favor of the victim since it was the victim at the time of the investigation.).