The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor, with regard to special intimidation as to factual mistake, the defendant sufficiently recognized that he/she has threatened the victim with a knife as stated in this part of the charges.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged on the ground that there was no proof of criminal facts.

B. The lower court’s sentence that is unfair in sentencing (7 million won in penalty) is too unhued and unreasonable.

2. Determination

A. 1) The lower court: (a) on the grounds stated in its reasoning, based solely on the evidence submitted by the prosecutor, the Defendant threatened and threatened the victim with a knife as stated in this part of the facts charged.

It is difficult to recognize

In light of this part of the facts charged, as long as it is found that the victim was guilty of a special intimidation in relation to this single crime, the court did not separately render a verdict of innocence in the order.

2) Examining the evidence duly adopted and examined by the court below in light of the records, we affirm that the court below's determination was just in full view of the facts and the circumstances revealed through this, and the evidence submitted by the prosecutor alone alone proves that this part of the facts charged is beyond reasonable doubt.

shall not be deemed to exist.

Therefore, the lower court did not err by misapprehending the facts alleged by the prosecutor, as otherwise alleged by the prosecutor.

B. All circumstances asserted by the prosecutor as an element of sentencing unfavorable to the judgment of the lower court were revealed during the hearing of the lower court, and no particular change of circumstances was found in relation to the matters subject to sentencing after the sentence of the lower judgment.

In addition, the reasons for sentencing cited by the court below and the age, sex, environment, motive, means and result of the crime, etc. of the defendant.