The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant’s destruction of and damage to property is a passenger car as indicated in the facts charged (hereinafter “instant passenger car”).

) Although there was a fact that the driver’s seat glass and the driver’s seat door were cut off to the victim’s light, there was no resistance against the Plaintiff’s light. However, the Defendant’s above act did not have any fact that the roof and the driver’s seat door of the instant passenger car were protruding. There was no fact that the Defendant carried the victim out of the vehicle, but there was a fact that the Defendant was putting the victim out of the free will of the vehicle, and there was no fact that he was a victim by drinking.

B. The court below’s sentence of unreasonable sentencing (the 1.5 million won of fine) is too unreasonable.

2. 공소장 변경 검사는 당심에 이르러 이 사건 공소사실 중 폭행의 점을 주위적 공소사실로 유지하면서, 죄명으로 ‘협박’을, 적용 법조로 ‘형법 제283조 제1항’을, 공소사실로 ‘피고인은 전항과 같은 일시장소에서 위와 같은 이유로 위 승용차 운전석 쪽으로 다가가 창문을 열고 항의하는 피해자 E(29세)의 얼굴을 주먹으로 때릴 듯한 시늉을 함으로써 피해자를 협박하였다.’를 예비적으로 추가하는 공소장 변경 신청을 하였고, 이 법원이 이를 허가함으로써 그 심판대상이 추가되었다.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, so it will be examined first.

3. Judgment on the assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant: (a) on August 26, 2013, on the street in front of the Diplomatic Conference in Daejeon, Daejeon on August 26, 2013, the summary of the facts charged is as follows: (b) the Defendant: (c) on the ground that the Defendant was under the influence of alcohol and did not turn off the way; (d) on the ground that the Defendant did not turn off the way in which the Defendant was under the influence of alcohol, and thus, (c) the Defendant got off the border; and (d) the Defendant was going to the driver’s seat and the victim.