The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The 5 knife (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. The crime of intimidation is committed by mistake of facts or misapprehension of legal principle) since the notice of harm and injury sufficient to cause fear to a person as an infringing crime reaches the other party, and the other party recognizes its meaning and realistically causes fear, it is up to the number. The defendant does not directly threaten the body of the victim, and the defendant merely indicates dissatisfaction and displeasure, and thus, the crime was committed through attempted intimidation. However, the judgment of the court below which judged otherwise is erroneous in the misapprehension of legal principle.

B) Article 3(4)1 of the Punishment of Violences, etc. Act, which is a reinforced penal provision against Article 284 of the Criminal Act, shall not apply to the crime of intimidation committed in the course of attempted crime and committed an offense under Article 283(1) of the Criminal Act. 2) The defendant with a mental disability suffers from yellow disorder, alcohol co-existence, depression, etc.

3) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The above sentencing of the prosecutor’s court below is too unfortunate and unfair.

2. Determination

A. 1) Determination of the assertion of misunderstanding of facts or misapprehension of the legal principle on the assertion that a crime of intimidation constitutes an attempted intimidation is established. In order to establish a crime of intimidation, the details of harm and injury notified should be sufficient to cause fear to the people in light of the following circumstances: (a) the tendency of the offender and the other party; (b) the surrounding circumstances at the time of notification; (c) the relationship between the offender and the other party; and (d) the relationship between the offender and the third party; and (e) the relationship between the third party and the perpetrator and the third party before and after the act. However, if so, the other party may feel feel.