The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

1. Summary of grounds for appeal by the defendant;

A. The Defendant, who recognized the facts charged and agreed on the mistake of facts, led to C’s confession of the facts charged in this case at the lower court, but the facts merely purchased a knife to defend against those from the next house, and there is no risk of Mari-friendlyity or intimidation with C.

B. In light of the circumstances, such as the agreement with the victim C of unreasonable sentencing, the absence of the history of punishment, and the fact that the family should be supported while staying in the Republic of Korea, the sentence of one year of suspended sentence is too unreasonable in the six-month imprisonment sentenced by the lower court.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor ex officio examined the facts charged in the instant case in the trial of the court below, and applied for the amendment of indictment with respect to which the applicable provisions are changed to “Article 284 and Article 283(1) of the Criminal Act,” and “Article 283(1) of the Punishment, etc. of Violences, etc. Act,” respectively, to “Article 3(1) and Article 2(1)1 of the same Act,” and Article 283(1) of the Criminal Act. Since the court permitted this, the judgment of the court below was changed to the subject of the judgment by its permission, there are grounds for reversal ex officio.

However, even if there are amendments to the indictment above, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this point is examined first.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, ① the defendant led to the confession of the facts charged in this case at the court below, ② the victim C made a statement that corresponds to the facts charged in this case at the police, ③ the defendant also expressed that the police “the defendant took a knife with the knife and knife with the victim,” and ④ the defendant escaped from the police at the time of the instant case, thereby under the supervision of the motor vehicle.