The judgment below

The acquittal portion shall be reversed.

The defendant shall be innocent.

1. Of the facts charged in this case, the part of the judgment of dismissal of prosecution was pronounced at the court below, and the prosecutor did not appeal. The judgment of dismissal of prosecution in this case is deemed to have been exempted from the object of public defense between the parties. Thus, only the remaining part (not guilty part) is decided as follows.

2. The judgment of the court below that found the defendant not guilty of this part of the facts charged, although the defendant had threatened the victim with a knife, which is a dangerous article.

A public prosecutor has applied for changes in the indictment with the content of changing the method of crime when it comes to the trial, and the changed indictment must be found guilty.

3. The ex officio reversal prosecutor following the amendment of the indictment applied for the amendment of the indictment to the effect that the three to four of the facts charged in the instant case “assumed in the victim’s items” was changed from the trial court, and the subject of the judgment is changed by the trial court. The judgment of the court below can no longer be maintained.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court even if there is such ground for ex officio reversal, and this will be examined below and examined on the revised facts charged.

4. Judgment on the assertion of mistake of facts

A. Around March 24, 2018, the summary of the revised facts charged stated in this part of the charges that, around 22:00 on March 24, 2018, the Defendant stated that “I will satise” with a knife knife, which is a dangerous thing in the kitchen, while the Defendant was suffering from the Defendant’s house of Seongdong-gu Seoul building C, and the victim had a dispute over drinking with drinking as a matter of drinking.

Accordingly, the defendant carried dangerous objects and threatened the victim.

B. The following facts revealed according to the evidence duly adopted and investigated by the lower court, i.e., the victim’s self-c., the investigation agency.