The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a period of two months.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) In the event of misunderstanding of facts (accompetence against the victim) the Defendant borrowed money from the victim, there is no fact that the Defendant threatened the victim or threatened the victim. Nevertheless, there is an error of misunderstanding of facts in the judgment of the court below which convicted the above charged facts. 2) The sentence of imprisonment (eight months of imprisonment) sentenced by the court below is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (the point of each assault against the victim and each special intimidation) according to the evidence duly adopted and investigated by the court below, the court below acquitted each of the above facts charged, but there is an error of misunderstanding of facts in the judgment of the court below. 2) The sentence of imprisonment (eight months of imprisonment) sentenced by the court below on unreasonable sentencing is too uneasible and unfair.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court on April 19, 2019 and the above judgment became final and conclusive on July 5, 2019, and on July 25, 2019, the Seoul Southern District Court sentenced ten months of imprisonment for fraud, etc. at the Seoul Southern District Court on July 13, 2019, and the above judgment became final and conclusive on December 13, 2019. Since each of the crimes in the judgment of the court below against the Defendant and each of the above crimes for which the judgment of the court below became final and conclusive are concurrent crimes under Article 37 of the Criminal Act, the guilty portion of the judgment below cannot be maintained in consideration of equity with the case where the judgment is concurrently rendered pursuant to

However, despite the above reasons for ex officio reversal, the defendant and the prosecutor's assertion of mistake is still subject to the judgment of this court.

3. The court below rejected the Defendant’s assertion in detail on the Defendant’s assertion of mistake of facts. The Defendant asserted the same purport as the above grounds for appeal, and the court below rejected the Defendant’s assertion.

The judgment below

The reasoning of this case.