The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. According to the summary of the grounds for appeal, the court below erred by misapprehending the fact that the defendant could not allow the victim to depart from the vehicle and forced the victim to depart from the vehicle, but found the defendant not guilty.

2. The prosecutor examined ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor, and even if it is not recognized that the defendant had obstructed the exercise of his right by threatening the victim, the prosecutor held that at least the defendant expressed the victim’s abusive intent. ① In the name of the crime, ② Article 311 of the Criminal Act is “Article 31 of the Criminal Act” in the applicable provisions of law. ③

As stated in paragraph (1), an application for amendment to a bill of amendment was filed for the preliminary addition, and this court permitted it, and the judgment of the court below became no longer able to maintain it.

However, since the grounds for appeal against the defendant by the prosecutor are still meaningful under the revised facts charged, it shall be determined below.

3. Judgment on the assertion of mistake of fact (involuntary part)

A. On November 21, 2012, the summary of the facts charged: (a) around 12:00, the Defendant, on the front of the apartment house, parked by the injured party C (in women, 50 years old) on the road in the school-dong of Gwangju-gu, Gwangju-gu, brought the victim to the extent that the Defendant could not leave the vehicle behind the Defendant’s vehicle, thereby preventing the Defendant from going behind; and (b) the Defendant brought the said victim to the effect that “I will go off and stop the vehicle to the same way.”

Accordingly, the above victim, “I ambi, I amben, I amben, I amben, and I am to start the vehicle of the victim,” and the defendant, “I amben, I amben, I am to amben, I amben, I am to amben, I am to amben, I am to amben, I am to amben, I am to amben, I do not am to amben, I am to amben, I am to the above victim.”