A. In light of CCTV images at the time of a mistake of facts, although the Defendant took the direction of the victim, and the victim was able to dump the victim when the glass wave gets off the victim, and the victim was also fumped with the sound that the victim was fump, the lower court acquitted the victim of special intimidation by misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 3 million, KRW 100,000 per day, KRW 100,000 per day) is too unjustifiable and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court as to the assertion of mistake of facts, the lower court is justifiable to have rendered a not-guilty verdict on the portion of special intimidation on the grounds as indicated in its holding, and it is difficult to find any illegality that misleads the facts.

This part of the Prosecutor’s argument is difficult to accept.

① The Defendant denied this part of the facts charged by the lower court and the first instance court that the Defendant did not have any intention to threaten E, and did not have any intention to intimidation.

② A letter of arrest of a flagrant offender prepared by a police officer called up at the time of the instant case stating that “The victim E was trying to raise the Defendant, raise his own head, thereby causing a threat to his/her life, and strongly punish him/her.” (Evidence No. 4 and No. 5 pages) and the E’s specific statement of damage up to the investigation process or the trial procedure was not submitted.

E fails to comply with a police's repeated request for attendance or for facsimile of a written statement.

(Evidence Records 33, 34, 38, 41, 42, 43 pages). (3) Even if the CCTV images at the time of the instant case were reviewed again at the trial, they are reasonable at the intervals between E and the place where E was seated on the wall by the Bosil Day, and E is bleeped on the tables.