The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One industrial knife (No. 1) which has been seized.

1. Summary of grounds for appeal;

A. The Defendant (a person with mental disability, and an unreasonable sentencing) was in the state of mental disability at the time of the instant crime, and the lower court’s punishment (a person with imprisonment for three years) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor, including the prosecutor’s statement(s) C, the court below found the defendant not guilty on the ground that it was sufficiently recognized that the defendant had expressed his attitude that the defendant would inflict an injury on C with an industrial knife, which is a dangerous article, but it erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the background and result of the instant crime, the Defendant’s act before and after the commission of the crime, the circumstances after the commission of the crime, and the statement on the Defendant’s mental appraisal document prepared by the mental appraiser I, it appears that the Defendant was in a state of lacking ability to discern things or make decisions due to such mental disorder even at the time of the instant crime, and that the Defendant was a mentally divided patient with mental disorder who shows mental symptoms such as unrealistic accident, exchange, improper and limited dynamic relationship, disorder in human relations, and disorder in real judgment. Therefore, the Defendant’s assertion of mental disability is with merit.

나. 검사의 사실오인 주장에 대한 판단 1) 공소사실의 요지 피고인은 2012. 9. 3. 17:00경 청주시 상당구 남문로 2가에 있는 중앙공원 내에서, 주변 사람들과 함께 윷놀이를 하는 것을 본 피해자 C(48세)가 피고인을 상대로 손가락질을 한 것에 시비가 되어 피해자와 다투던 중 화가 나 소지하고 있던 위험한 물건인 공업용 커터칼(칼날길이 9cm, 전체길이 25cm)을 꺼내어 피해자에게 협박을 가하였다. 2) 원심의 판단 원심은, C에 대한 경찰 진술조서 및 증인 G의 법정진술은 피고인이 이를 증거로 함에 동의한 바 없고, 그 원진술자인 위 C가 이 법정에 출석하여 위 공소사실과 같은 협박을 당한 사실이...