A. Although the defendant made a mistake of facts against the victim, there was no threat as stated in the facts charged, and there was no misunderstanding of the victim's tool with "1" shape, and there was no intention of the damage because the victim was faced with the above tool while holding an interview with the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below’s duly adopted and investigated evidence regarding the assertion of mistake of facts, the court below acknowledged that the defendant threatened the victim as stated in the facts charged, assaulted the victim by taking advantage of the tool in the “A” form, which is a dangerous object, and damaged the consignee owned by B Hospital custodian by using the aforementioned tool, and may also recognize the intent thereof.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of misconception of facts alleged by the defendant.

The defendant's assertion of mistake is without merit.

① On February 12, 2020, at around 13:30 on February 12, 2020, the victim stated that “the victim is already aware of the knife’s knife and knife at the outdoor smoking room of the B Hospital. I will die to the family of the knife. I will also die to the knife.” The victim was too uneased.

After about one hour, the defendant found the above hospital's office work and requested the victim to hold an interview to enter the interview room, and the defendant carried out the interview. The defendant saw that kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn

After that, the victim went out of the interview room, and the defendant also remains outside the interview room.