The judgment of the court below is reversed.

The sentence against the accused shall be three million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts - The Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., has not threatened C with the purpose of retaliation as stated in this part of the charges.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the victim C received the case from the police for the crime under paragraph (1) of the judgment of the court below, and the victim received a request from the relevant police station for appearance, with the intent of retaliationing the victim with respect to the respect to the injury.

On April 17, 2018, from around 10:41 to around 11:35, the Defendant made three calls to the victim, and “in the direction of the victim to come back with the victim at the site.” On the same day, around 11:45, at the entrance of the hotel construction site (hereinafter “the site entrance of this case”), the Defendant used a knife (the total length of 30cm and 18cm length), which is a dangerous object prepared in advance for the victim waiting for the defendant, and took the attitude that would inflict bodily harm on the victim.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams and statements in connection with the investigation of his criminal case.

B. The lower court also asserted that the Defendant is identical to the allegation of mistake of facts.

However, as stated in its reasoning, the lower court: (a) held a knife for the victim to respond to or threaten the victim to a police report, etc.; and (b) held the victim three times before the Defendant arrives at the site entrance of the instant case, and reported the Defendant’s knife that the victim knife.