The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. Defendant 1) The lower court’s judgment that determined otherwise did not err by misapprehending the facts or by misapprehending the legal doctrine, even though the Defendant did not have any fact that the Defendant got the victim of the Teable World Cup, and did not have any dangerous article stated in the facts constituting an offense, and thereby adversely affected the conclusion of the judgment. 2) Even if it was found guilty, the lower court’s punishment (one year of imprisonment) is too unreasonable.

B. A prosecutor 1) Considering the circumstances in which the victim B’s statement and crime were committed, the court below may fully recognize the facts of threatening the victim by using a kitchen knife, which is a dangerous object, in the instant case. Nevertheless, the court below rendered a not-guilty verdict on the charge of special intimidation by deeming that there is no proof of a crime. Thus, the court below erred in the misapprehension of facts, thereby adversely affecting the conclusion of the judgment. 2) The sentence of

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant’s act of assaulting the victim by carrying dangerous articles and carrying the victim’s head, as long as the Defendant’s head may be likely to harm the victim’s life and body, as stated in the judgment of the court below, if he/she finds out of the facts of the crime, and as such, is likely to harm the victim’s body.

Therefore, the judgment of the court below which found the defendant guilty of special assault is legitimate, and it cannot be said that the judgment below erred by misapprehending the facts or by misapprehending the legal principles as alleged in the defendant's grounds of appeal.

Therefore, the defendant's above assertion is without merit.

B. On May 17, 2018, the summary of the facts charged by the first instance judgment regarding the prosecutor’s assertion of mistake of facts, the Defendant assaulted the victim B at the “D” alcohol house located on the third floor of the Bupyeong-si C building in Bupyeong-si around 03:20 on May 17, 2018.