The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal doctrine 1) The Defendant did not knife the victim within a passenger car at the time of intimidation, and thus, it cannot be said that the Defendant carried a dangerous thing and threatened the victim.

2) The Defendant, with the permission of dumping five chapters from the injured party, tear teared, and he can not be deemed to fall under the damage of property merely because it can tear tear in the process of prompt separation.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the following facts: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the name of the crime in the trial of the party; “Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.)” in Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act; “Article 283(1) of the Criminal Act; Article 283(1) of the Criminal Act” in the applicable law, “Article 284 and Article 283(1) of the Criminal Act” was amended as “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act; and Article 366 of the Criminal Act cannot be amended as “Special Intimidation;” and thus, the court below’s application for changes to the amendment of the Act.”

However, the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to deliberation, and the following is examined.

B. The lower court’s determination on factual misunderstanding and misapprehension of the legal doctrine reveals: (i) the victim made a statement to the police station immediately after the victim was injured by the Defendant; (ii) the shape of the knife and the situation at the time when the Defendant threatened the victim within the car; and (iii) the victim made an agreement with the Defendant, even after having reached an agreement with the Defendant.