A. When the Defendant, due to a mistake of facts or misapprehension of legal principles, was unable to operate the business on the wind that the instant workplace leased by C due to a change in the unilateral entrance entrance of C, the Defendant visited the Busan Regional Employment and Labor Agency in order to seek compensation against C for damages.

The Defendant prepared in advance a written petition to the civil petition officer of the Employment and Labor Agency (hereinafter “the first written petition of this case”), but requested the said civil petition officer to submit a written petition of this case (hereinafter “the instant written petition”) in accordance with the form of the original written petition of the Employment and Labor Agency, and prepared a new written petition of this case at the site and submitted it to the existing Defendant along with the first written petition of this case.

However, the first petition of this case contains a claim against C for payment of damages of KRW 20,000,000 as a result of business obstruction. The new petition of this case was written to the effect that the defendant and his/her father and wife suffered damages equivalent to the labor cost for about seven months, and that the defendant and his/her father and wife suffered damages for about seven months." There was no awareness of the falsity of the above fact by the defendant.

Therefore, even though the defendant did not have intention to make an accusation, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The following circumstances revealed by the lower court’s judgment regarding the assertion of mistake of facts or misapprehension of legal principles, namely, the evidence duly adopted and examined, and ① from March 11, 2016, C is necessary for restaurant business on the 1 and 2nd floor of the building B located in the Busan East-gu, Busan.