The judgment below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the case of mistake of facts, the Defendant did not have committed intimidation against the victim.

B. At the time of the instant case, the Defendant considered that the service-proponers might assault the Defendant’s house and forced removal of the house by entering the Defendant’s house, and the Defendant cited an anti-defluence to defend this.

These acts of the defendant constitute misunderstanding defense.

C. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, and eight hours of community service) is too unreasonable.

2. Determination

A. (1) On the assertion of mistake of facts, the appellate court should not reverse the first instance judgment without permission on the sole ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). In light of the contents of the first instance judgment and the evidence duly examined by the first instance court, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if the first instance court's determination on the credibility of the statement made by a witness of the first instance is deemed significantly unreasonable in light of the evidence duly admitted by the first instance court and the evidence duly admitted by the first instance court, the appellate court should not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance court differs from the appellate court's judgment (see, e., Supreme Court Decision 2011Do5313).2).