1. The part of the judgment of the court below against Defendant A is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for ten months;

3.Provided, That.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (ten months of imprisonment) is too unreasonable.

B. Prosecutor 1) With regard to the attempted attempt to commit a mistake of facts against Defendant A, it is sufficient to prove that Defendant A not only has the intention of attack, but also delayed the time of the execution of the claim constitutes property interest and thus, the crime of attempted attack is established. As to Defendant A’s assaulting the purpose of retaliation against Defendant A, it can be sufficiently recognized that Defendant A committed assault against Defendant A for the purpose of retaliation. Nevertheless, the lower court’s judgment that acquitted Defendant A of each of the above facts charged was erroneous in matters of mistake of facts. (2) The lower court’s judgment that acquitted Defendant A of the above facts charged was erroneous in misapprehending the legal principles. (3) In so doing, the lower court’s sentence of unfair sentencing (10 months of imprisonment,

2. Determination

A. 1) As to the prosecutor’s assertion of mistake of facts, the judgment of the court below on the defendant A alleged that the defendant A had no intention of compromise at the court below. In full view of the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, the court below determined that the evidence submitted by the prosecutor alone is insufficient to deem that the defendant was proved to the extent that there was no reasonable doubt as to the fact that the defendant would have expressed a desire to make the victim a claim of KRW 110,000,000 to pay the drinking value to the victim, and that there was no other evidence to acknowledge it.

① The Defendant was refused to demand the victim to change the alcohol value on credit at the time, and the Defendant only assaulted the victim while intending to “this spawn, spawn spawn spawn, spawn spawn,” and did not make a statement to the effect that he would not pay the alcohol value.

② The Defendant, around April 7, 2015, around one month prior to the instant case, was 89,000 won on credit after drinking alcohol at the same week.

(증거기록 262∽264면)....