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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal is that the court below erred by misapprehending the facts charged and thereby adversely affecting the conclusion of the judgment, although the defendant did not threaten the victim D with a shoulder beer's disease or interfere with the main business by force or inflict an injury.
2. Determination
A. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the defendant's appeal ex officio, and the prosecutor applied for the amendment of the indictment with the contents that "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" among the names of the crimes against the defendant in the trial of the defendant as "special intimidation" and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" in the applicable provisions of the Criminal Act as "Articles 284 and 283 (1) of the Criminal Act". This court permitted this and changed the subject of the judgment, and this part of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained further.
However, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
B. According to the evidence duly adopted and examined in the judgment of the court below as to the Defendant’s assertion of mistake of facts, the fact that the Defendant stated that he would flick bet with the victim and throw away the bamboo, and that he was injured by the victim by finding out the main points operated by the victim, “I am dead and discarded,” and “I am unable to carry out the business here, but I am unable to carry out the business.”