A. With respect to misconception of facts as to injury by robbery and injury by robbery by legal principles, a mobile phone was taken away by a victim to prevent the police from reporting a mobile phone, and the Defendant stayed for about 40 minutes in the Moel parking lot, which is the place where a mobile phone was taken away from the victim, and if the Defendant intended to take a mobile phone by force, he/she cannot be found the Defendant’s intention to take a mobile phone by force in light of the fact that the victim and the above place have no reason to do so for a long time.

In addition, the Defendant did not have conspired with Co-defendant A of the lower judgment, and there was no intention to forcibly take advantage of the fact.

Even if the defendant is unable to be recognized as an injury by robbery.

Nevertheless, the lower court found the Defendant guilty of the charged charge of robbery and erred by misapprehending the legal doctrine.

B. Although the testimony made by the illegal defendant and the police of the defendant A in the adoption of evidence is doubtful of the voluntariness of confession, it violates Article 309 of the Criminal Procedure Act, the court below adopted such illegal evidence. The court below erred by misapprehending the legal principles on admissibility of evidence, such as the la

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination of mistake of facts as to injury by robbery and misapprehension of legal principles, the Defendant also asserted the same as the grounds for appeal in this part. As to this, the lower court: (a) the Defendant and A were staying in the PC room with the victim before the crime of injury by robbery was committed; (b) attempted to make small payment using the victim’s mobile phone; and (c) in the police investigation, the Defendant and A talked that “the Defendant and A were to make small payment from the PC toilet by cutting off the victim’s cell phone and then return the mobile phone.”