A. In fact, if the defendant did not pose a threat to the victim C, and considering the fact that the amount that the victim delivered to the defendant is relatively minor, 80,000 won and 200,000 won, the above victim did not pay the above amount to the defendant. However, the court below convicted him of all of the special intimidation described in Paragraph 1 of the facts charged of this case and the objections described in Paragraph 2-A and Paragraph 2-B of the same Article, which affected the conclusion of the judgment.

B. The lower court’s punishment (two years of imprisonment) based on the erroneous mistake of the above facts is also unlawful as a matter of course.

2. Determination

A. We examine the argument of mistake of facts. According to the evidence duly adopted and investigated by the court of the court, especially the victim's statement by the police and prosecutor's office, P's statement protocol by the police, P's legal statement by P, photograph (Evidence No. 113 records), etc., the defendant's above defendant puts the above victim's over dangerous goods (not less than 8 cm in length and not less than 20 cm in length) on the ground that he was unable to receive the victim's money borrowed to E, and threatened the above victim's above victim's "I am well, and will die." The victim's demand that the victim pay 80,000 won in return for the money borrowed to the defendant's test and paid 80,000 won or E, and it can be recognized that the victim delivered money to the defendant to take advantage of its body, etc., and eventually, it is recognized that there is sufficient reason to see the above victim's special threat as stated in paragraph (1) of this case's charge and 2 (b).

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

B. We examine the determination of the unfair argument of sentencing, and consider equity in the case where each of the instant crimes was committed simultaneously with the crime for which the judgment of the court below became final and conclusive.