A. The Defendant, as stated in the judgment of the court below, found the Defendant guilty of the facts charged of this case on a different premise, even though he saw excessive amount as stated in the facts of the crime in the judgment below as his hand and did not threaten the victim.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the assertion of mistake of fact: (1) The victim, at the time of the instant case, said the Defendant saw the Defendant as excessive loss in the investigative agency and the lower court’s court’s court, and said the Defendant 3

In full view of the following facts: (a) the victim’s above statements are made specifically and consistently; (b) the victim’s above statements are credibility in line with D’s statements in the investigative agency and the court of original instance; (c) the Defendant and the victim appears to have been not good for appraisal as a matter of support or property issues of dementia aging; and (c) the Defendant also recognized the fact that the victim made the victim’s statement “the victim’s death and injury” at the time of the instant case in the course of the mass examination conducted by the prosecution, the Defendant may be sufficiently recognized to have abused the victim by taking over excessive amount as stated in the facts

Therefore, the defendant's assertion of facts is without merit.

B. The Defendant appears to have committed the instant crime contingently in the event of an appraisal of the degree of punishment, and the victim expressed his/her intention not to punish the Defendant in the prosecution, and the Defendant has no record of criminal punishment prior to the instant case, etc. are favorable circumstances.

However, the Defendant did not oppose the mistake while denying the instant crime, and the instant crime cited excessive amount of damages and intimidation the victim, and the nature of the crime is good in light of the risk.