The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The defendant misunderstanding of facts has not threatened the victim by carrying a knife;

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the prosecutor applied the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special intimidation", and the "Article 3 (1), 2 (1) 1, and Article 283 (1) of the Punishment of Violences, etc. Act" as "Articles 284 and 283 (1) of the Criminal Act" in the applicable law as "Article 284 and Article 283 (1) of the Criminal Act", and "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the list of the facts charged was amended as "special intimidation on 2.."

In this regard, the lower court deemed the above crime and the remaining crimes in the judgment of the lower court as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced a single punishment.

Therefore, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. In the investigation agency and the lower court, the victim D made a determination on the assertion of mistake of facts: (a) the Defendant was at issue of the misconduct between the victim and Q; (b) the Defendant was at the entrance of the entrance entrance that occurs on the floor, but was at the entrance of the entrance entrance that occurred on the floor, and (c) the Defendant went to a small room above the entrance, thereby threatening the knife knife.

② When the Defendant turns out the victim in a ward, he / she sees the baby inside and outside the room, and she sees “A” to see the baby inside and outside the house, and “A” to see the male house address outside the house.