The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, it is difficult to recognize that the defendant carried a knife and committed a crime of intimidation and violence against the victimG as stated in the facts charged. However, the court below held that it is insufficient to recognize that the defendant had a knife at the time of committing the crime. Based on this premise, the court below sentenced the defendant to dismiss the prosecution against this part of the facts charged on the ground that the above victim withdrawn his/her wish to punish the defendant. This judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The court below’s sentence of unreasonable sentencing (the fine of 300,000 won) is too uneasible and unfair.

2. Determination

A. 1) With regard to the assertion of mistake of facts, the prosecutor presents evidence that there is a criminal fact in the criminal procedure, even if the defendant's appeal is unreasonable and the defendant's appeal is false, so that it cannot be disadvantageous to the defendant, and the proof of a criminal fact must have a judge acquire conviction to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction, it is inevitable to determine it as the defendant's interest even if there is a suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). 2) In light of the above legal principles, a thorough examination is conducted by comparing the reasons indicated in the judgment below with the records of this case, and the evidence submitted by the prosecutor alone alone is insufficient to recognize that the defendant possessed a blade at the time of the crime as stated in the facts charged and threatened the victim.