A. The Defendant, by mistake of fact, did not threaten or assault the victim in a knife, and did not detain the victim by making the victim unable to do so.

Nevertheless, the lower court convicted the Defendant of special intimidation, assault, and confinement among the facts charged against the Defendant. In so doing, the lower court erred by misapprehending the facts.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact: ① the victim refused a request for questioning from the defendant after boarding the defendant’s vehicle; the defendant taken the knife on the front side of the above vehicle.

I ambling themselves.

The threat was made, the face was taken by the head of the Gu, and the location was tracking, etc. of the Daejeon where the person resides, and it was not found in the country of the Republic of Korea.

(2) The victim stated consistently from the investigative agency to the court of the court below, and the victim's above statement is deemed to be sufficiently trusted in light of the circumstances and the body of the victim's statement.

In particular, the victim could not be seen as having made a false statement because the victim clearly identified the knife in the defendant's vehicle in the investigative agency, and the victim could not be seen as having made a false statement, and ④ the defendant could have been able to take the victim on his/her own vehicle because of the fact

However, as at the time of the instant case, the victim could have been aware of the fact that there are no many human resources at night, as at the time of the instant case.

According to the fact that it is difficult to see that the defendant's statement is easily acceptable in light of its content, etc., the court below rejected the defendant's defense counsel and followed the victim's statement, and thereby, made special intimidation, assault, and confinement among the facts charged in this case.