The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The Defendant convicted the Defendant of the facts charged in this case on the ground that he was a retaliation against the Defendant on the ground that he was committed for the purpose of retaliation, even though he was able to resist the victim’s office by reporting that the victim was forced to get out of the train, and that he did not have received unemployment benefits due to the victim’s failure to receive unemployment benefits.

The judgment of the court below contains an error of mistake of fact.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides a criminal investigation force, such as filing a complaint or accusation, in relation to the investigation of or judgment on a criminal case against the criminal defendant or another person, for the purpose of retaliation against the provision of a criminal investigation force, such as a complaint or accusation, statement, testimony or submission of materials, or for the purpose of prohibiting submission of a criminal investigation force, such as a complaint or accusation, or for cancelling a complaint or accusation or for inducing submission of a false statement or testimony or submission of materials, the crime of assault or intimidation, etc. under the Criminal Act shall be punished by imprisonment with prison labor for a more than one year, which is heavier than the statutory penalty under the Criminal Act. Here, whether an act committed such a purpose should be reasonably determined in light of social norms by comprehensively taking into account all the circumstances such as the offender’s age, occupation, motive and method of the crime, content and manner of the act, personal relationship with the victim, and circumstances before and after the crime (see, e.g., Supreme Court Decision 20100Do65).