The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (misunderstanding of facts) is merely a conflict with the victim, and there is no fact of intimidation (in this case, there are grounds for retrial only for the threat of deadly weapons among the judgment subject to a retrial, and the remainder of the judgment does not constitute grounds for retrial. As to the remainder of the judgment subject to a retrial, the judgment of conviction as to the judgment subject to a retrial, except for the threat of deadly weapons carrying a deadly weapon, shall be maintained, but the judgment shall

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

With respect to a case for which the ruling of commencing a new trial has become final and conclusive, the court shall re-examine the case according to its instance (Article 438(1) of the Criminal Procedure Act), and in the new trial proceedings on the final and conclusive judgment of the first instance court, the court shall not use the evidence of the previous litigation proceedings as they are, and the evidence of the facts constituting a crime may be admitted only when the whole process of the examination of evidence, such as the application for examination of evidence, the statement of opinions of the parties, the ruling of evidence and the execution of the examination

In doing so, the lower court’s list of evidence and evidence submitted by the lower court are not deemed to have newly examined evidence, and thus, the lower court, which used the evidence of the previous proceedings, can no longer be maintained.

However, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s assertion of misunderstanding of facts can be recognized as having threatened the victim. Therefore, the Defendant’s assertion of misunderstanding of facts is without merit.

(1) The victim gets a knife from the investigative agency to the court of a case subject to reexamination.