The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On June 13, 2018, the Defendant of mistake of facts did not have access to the victim’s room, and even though there was no threat of the victim, the lower court found the Defendant guilty of the facts charged of this case by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts, i.e., ① the 112 Reporting Report List (Evidence No. 26 pages) by the Central Police Station of the Yeongdeungpo Police Station, the Defendant received a report from the victim on June 13, 2018 to the effect that “the Defendant intending to kill and die” was “the Defendant intending to kill and kill” around 22:46, and ② the victim made a statement from the investigative agency to this court that he had consistently invaded upon his residence, and the victim made a statement to the effect that E, as the victim, took advantage of the victim’s intention and entered into the victim’s protection in the investigative agency and this court; ③ the Defendant also adopted the victim’s Dol and recognized that “the victim’s “indecent human, dead, dead,” and thus, this part of the Defendant’s assertion can not be justified.

B. We examine the argument of unfair sentencing. Although the victim did not want to be punished against the defendant, the defendant had been sentenced several times of imprisonment with prison labor for violent crimes, the defendant committed the crime of this case during the repeated crime period, and there was a record of assaulting or threatening the victim in the past, the circumstances and result of the crime of this case, and the character and conduct of the defendant.