The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, as a fact, did not look at the victim D with a enormous amount of aluminium, and there is no fact that the Defendant told the victim E to “I would die without the retirement of work.”

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly examined and adopted as to the assertion of mistake of facts, it is recognized that the Defendant, at the time, placed the enormous amount of Aluminium into the victim D and E, and the victim E was directly engaged in the installation of the vessel immediately next to the Defendant.

The victims seems to have been suffering from enormous threat by the Defendant, and it is also recognized that the Defendant told that he would die at the time to the effect that he would have retired from the installation work.

Although the court below made an inaccurate testimony as to whether the victim D of the witness was the left side or the right side of the bridge, the fact that the defendant was exposed to the enormous amount of money is consistently stated, and even in CCTV video, it is difficult to view the statement as false even if it is based on CCTV images.

B. The term “Assault” in the crime of assault refers to the exercise of tangible force causing physical or mental pain to a person’s body, and there is no need to contact the victim’s body (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). In full view of the purpose and intent of the Defendant’s act to display Aluminium, the prevailing circumstances at the time, method of display, etc., the lower court rejected the assertion identical to that of the Defendant’s mistake, and it is reasonable to have convicted the Defendant of all the facts charged in the instant case.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

The conditions of sentencing as shown in the records and changes of the case and the reasons for sentencing of the judgment of the court below.