The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The lower court determined otherwise by misapprehending the legal doctrine on the following facts: (a) the Defendant misunderstanding of facts, as indicated in the facts charged in the instant case, although there was no intimidation against the victim; and (b) the

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,00) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The Defendant and the Victim C were able to live together with approximately 10 years in the instant charges.

On May 24, 2016, from around 13:00 to 13:10, the Defendant made intimidation with the victim by taking a dispute between the victim and the victim within 1104 of the Dongdaemun-gu Seoul Metropolitan Government Officetel 1104.

[....]

B. The lower court rendered a judgment that convicted the witness C of the facts charged in the instant case on the following grounds: “The witness C’s legal statement and photograph (the 59th page, 61 page of the evidence record)” as evidence.

(c)

1) The Defendant, from the time when he was arrested as the current offender to the time of the trial, was not in a relatively consistent manner, and the Defendant denied the facts charged in the instant case to the effect that, while fighting with the victim, only the victim was engaged in a horse-fighting with the victim and the horse-fighting, the Defendant’s attempt to prevent the victim from being in a way of leading the victim to the advanced cleaning machine connected with him.

2) Evidence that corresponds to the facts charged in the instant case is practically a victim’s statement.

For that reason, it is difficult to believe that the victim's statement is true for the following reasons.

A) The victim’s statement is not consistent with the following in light of the specific situation at the time of the instant fighting match, the location of the Defendant’s use in committing the crime, and the police’s report on the instant case, which can be deemed as an important part in the instant case, and the victim’s explanation as to the background leading up to the reversal of such statement is easy.