The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A knife (No. 1) seized by the defendant.

1. Summary of grounds for appeal;

A. In light of the fact that the victim alleged a mistake of fact made a consistent statement on the grounds for which the knife is not found in the police or in the court of original instance, and that the police searched the knife used for intimidation immediately after the defendant was dispatched to the scene of the instant crime, but did not find it, the victim’s statement is not reliable

Nevertheless, the court below recognized the fact that the defendant threatened him with a knife on the basis of the victim's statement. The court below erred by misunderstanding the facts.

B. The sentence sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination on the assertion of mistake of facts, the victim’s statement appears to be reliable ( difficult to view that the above victim’s statement was not reliable solely on the fact that the police did not find a knife at the scene of the crime immediately after the dispatch of the police), and the fact that the Defendant carried dangerous goods and threatened the victim can be sufficiently recognized.

I would like to say.

① At the investigation stage, the victim consistently stated the knife and knife and knife the Defendant’s knife and knife the Defendant’s knife between toilets. The Defendant made a statement to the effect that the knife’s knife, carried by the Defendant, is the knife knife of the evidence No. 1 submitted voluntarily by the victim.

② At the time of the instant crime, E also prepares a written statement that “the victim opened a door and made the knife by the Defendant.” This is consistent with the said statement by the victimized person.

③ At the time of committing the instant crime, the place, time, brightness, etc. of the Defendant and the victim