The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, did not have the intent of threatening the victim in addition to threatening the victim with a knife as stated in the facts charged. However, the injury suffered by the victim at the time of the instant case was caused by a knife with the Defendant, but the Defendant was guilty of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence (one year and six months of imprisonment, confiscation) against an unjust defendant is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, prior to the judgment on the grounds of the Defendant’s ex officio, the prosecutor applied for changes to “special injury” the name of the offense charged in the instant case as “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” and “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” under the applicable law, “Article 258-2(1) and Article 257(1) of the Criminal Act” and “Article 257(1) of the Criminal Act” as “Article 258-2(1) of the Criminal Act and Article 257(1) of the same Act. Since this court permitted this and changed to be tried, the judgment of the court below was no longer maintained.

However, despite such reasons for ex officio reversal, the defendant's assertion of mistake that is not contrary to the above is still subject to the judgment of this court, and this is examined by changing the claim.

3. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant could recognize the fact that the defendant had inflicted an injury on the victim by knife with the knife knife that the defendant used in the knife with the victim, and the defendant also tried to inflict an injury on the victim at that time, and the defendant was in dispute with the victim while knife with the victim.