The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal by the public prosecutor;

A. In light of the fact that E, a misunderstanding of facts related to special intimidation, reported that the Defendant had a knife from the time of the 112 declaration, and on the day of the instant case, the complainant appears to have failed to talk about the knife with the knife, the lower court acquitted the Defendant of the facts charged of special intimidation, even if the credibility of the Defendant’s statement, which the knife the knife of the knife of the knife (30cm) was recognized.

B. Even if it does not so, the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneasible and unreasonable.

2. Determination

A. The first instance court, based on the evidence duly adopted and investigated, found that there was no motive for the complainant to make a false statement against the Defendant in light of such circumstances, i.e., ① did not make a statement to the effect that the complainant had threatened the Defendant with the knife at the early stage of the investigation, and rather, the complainant made a statement to the effect that the Defendant had talked about the knife at home, and the complainant started to make a statement to the same effect as the charges for special intimidation only after the preparation of the written statement dated July 3, 2019. ② The complainant tried to find a dispute with the Defendant to resist the reporting of the Defendant’s drunk driving on the day of the instant case. ② The complainant tried to find a criminal defendant more than twice after the police was dispatched and returned, it is difficult to conclude that the complainant had no motive to make a false statement against the Defendant, ③ The police dispatched by the complainant on the day of the instant case did not discover the knife of the Defendant in light of the circumstances.