A. The Defendant, by mistake of facts, found the victim’s house on June 7, 2014. However, there is no fact of threatening the victim as described in paragraph (1) of the facts charged.

The Defendant did not have any fact of finding the victim’s house on August 17, 2014, and there was no fact of threatening the victim as described in paragraph (2) of the facts charged.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances that can be acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant's intimidation as stated in the facts charged is recognized.

① The victim, from an investigative agency to the court of the court below, has consistently stated the details and contents of the instant crime and the circumstances before and after the damage, and the explanation of the situation is reasonable.

The injured party has made a false statement in order to mislead the defendant.

In addition, the lower court’s determination on the credibility of the victim’s statement was clearly erroneous.

There are no special circumstances to see.

(2) The statements of F and G, a witness of a crime set forth in paragraph (1) of the facts charged, also conform to the statements of the victim.

③ On August 16, 2014, the Defendant assaulted F with a view to arranging the F and tax issues, and the relationship of living together, and F was transferred to K hospital on the same day after being treated.

Therefore, there was a reason to find the F in order to arrange tax issues that the Defendant did not complete.

I seem to appear.

④ The lower court stated to the effect that “F was assaulted by the Defendant at any time” in the court of the lower court’s trial, and that the Defendant was in fact at the time of finding the victim’s house in order to find F on June 7, 2014, and F was the beginning at the time of committing the crime of Article 2 of the facts charged.