The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Compared to mistake of facts (with regard to special intimidation), the Defendant did not dispute with the victim, but did not take a knife.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In examining the results of the first instance court’s examination of facts in light of the principle of court-oriented trial on the assertion of mistake of facts and the results of further examination of evidence made by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment on the credibility of the statement made by the witness in the first instance unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The lower court convicted this part of the facts charged by taking account of the evidence

In light of the above legal principles, the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, namely, ① the victim made a consistent statement from the investigative agency to the court of the court below to the effect that he threatened the victim with a knife, and the victim made a statement to the effect that it is reasonable to explain the situation, as well as the detailed contents, credibility is recognized. ② On the other hand, the defendant is under the situation where the victim was faced with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with the victim, and whether