A. The Defendant had no fact of taking property by threatening the victim as stated in the facts charged in the instant case, and there was no intention to commit a crime.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances found by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts or misapprehension of legal principles, the defendant can be recognized as having threatened the victim, as stated in the facts charged in the instant case, thereby taking property and property gains from the drinking victim, and the defendant had a criminal intent to commit a crime. Thus, the defendant's assertion is without merit.

① The victim consistently stated from the investigative agency to this court that “I would know about the fact that the Defendant was born to her husband without hearing her horses, and, as requested by the Defendant, I would like to drink the Defendant’s her husband,” the victim stated to the effect that “I got money and credit cards to the Defendant.”

In light of the fact that the victim's statement of damage is specific enough to make a statement to the extent that the victim is not the actual victim or is unable to make a statement, the contents of the statement are consistent with the general rule of experience, and that there is no other circumstance that the victim was unaware of

In this regard, the defendant also recognized the fact that the husband of the victim and the defendant set up a claim against the victim as a day of the appearance of the victim.

② The Defendant stated in the police investigation that “the victim was threatened by the Defendant on the spot in which it actually occurred,” but in the prosecution investigation, the Defendant made a false statement by stating that “the victim was threatened by telephone from the Defendant,” and was in the prosecution investigation conducted after six months from the police investigation.