A. In fact, the Defendant did not use violence against the victim due to drinking and al. (Article 1 of the facts charged in this case) and 2. There is no fact that he threatened the victim in the course of drafting the agreement in this case (Article 3 of the facts charged in this case). Nevertheless, the judgment of the court below which found the Defendant guilty of all of the facts charged in this part of the facts charged in this case is erroneous and adversely affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of probation, observation of protection, and community service order 120 hours) is too unreasonable.

2. Determination

A. 1) The argument on the assertion of mistake of fact 1) The victim had consistently been assaulted by the defendant from the investigative agency to the court of the court below by drinking, saluting, and saluting against the defendant.

In light of the fact that a statement is made by the defendant, and that the defendant damaged the part of the bridge that the victim was worn in the course of assaulting the victim, it can be sufficiently recognized that the defendant used violence against the victim as well as the smuggling.

This part of the defendant's assertion is without merit.

2) The Defendant alleged ② in the lower court’s argument that the grounds for appeal are similar to the grounds for appeal. Accordingly, the lower court held that: (a) the victim destroyed the body of the Defendant’s mother and the Defendant’s sexual intercourse, which had been proneed on several occasions; (b) the agreement that the victim would pay the Defendant’s mother money was made only one hour after the victim suffered damage from the Defendant’s special injury and the crime of damaging property; and (c) it is reasonable to deem that the agreement was made at the time of the crime, such as special injury, and that the victim’s psychological condition was continued at the time of the occurrence of the crime; and (d) the Defendant was made at the time of the preparation of the agreement.