The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts cited a knife as stated in paragraph (2) of the facts charged in the instant case and did not threaten the victim.

B. The sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended execution, two years of social service, 40 hours of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor tried ex officio prior to the judgment on the grounds of appeal, and in relation to paragraph (2) of the facts charged in the instant case, the prosecutor applied for changes in the contents of the Act on the Punishment of Violences, etc. (collectively Weapons, etc.) as “special intimidation” from “violation of the Punishment of Violences, etc. Act” and “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act” as “Articles 284 and 283(1) of the Criminal Act” in “Article 284 and Article 283(1) of the Criminal Act.” Of the facts charged in the instant case, the prosecutor applied for changes in the contents of the Act on the Punishment of Violences, etc. (collectively Weapons, etc.,

3. Although there are such reasons for ex officio reversal of the defendant's assertion of misunderstanding of facts, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

The lower court duly admitted and examined the following circumstances, namely, ① the victim stated at the investigative agency to the effect that “the Defendant opened a door below the knife knife knife and threatened the knife knife,” and the statement on the process of the case and the method of the crime was considerably specific and consistent; ② the victim asked the home owner to the effect that “the person in the home knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife”