The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The defendant had no intention of entering a residence or causing property damage, and there was no assault against the victim by taking a knife with the victim. The judgment of the court below which found him guilty of the facts charged in this case is erroneous in misunderstanding of facts.

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Among the evidence submitted by the prosecutor concerning the admissibility of evidence, the police interrogation protocol against the defendant against the defendant is inadmissible as long as the defendant denies the contents, and the written statement of D (which is the evidence Nos. 4 and hereinafter referred to as the "written statement") which is the evidence that the defendant has consented to, is inadmissible as it is not admissible as it is because D appeared as a witness in the court of the original instance

On the other hand, regarding D’s protocol of police statement (No. 5) which is evidence for which the Defendant consented, evidence is inadmissible, since D appeared as a witness in the court of original instance and recognized the formation of a formal authenticity, and its content also recognized the fact of giving birth to her “Isn't have to be punished,” as well as recognized the actual authenticity of the remaining parts, it is not admissible.

B. There is a mistake that the lower court adopted the D’s statement (No. 4), D’s statement statement, and D’s statement statement statement as evidence, which are not admissible as evidence, based on the conviction as to this part of the facts charged.

However, evidence duly adopted and examined by the court below is admissible as evidence. D's statement (No. 2, the defendant's side consent, but D's petition is recognized by D's court testimony and its admissibility is recognized.

) On the witness D’s partial statement in the original trial, the knife and field photographs used in committing the crime, and the record of the submission of suspect.