A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant, who discovered the stolen object, caused the victim to wear a dubial breath, thereby spreading it without the intent of assault, and the victim merely suffered bodily injury by facing the hand, etc. of the Defendant’s hand in the process. The Defendant’s act does not constitute assault as referred to in the crime of robbery, but did not have the possibility of predicting the result of the victim’s bodily injury. Therefore, the Defendant is not liable for the crime of causing bodily injury resulting from robbery.

B. In light of the fact that an unfair error in sentencing has been divided in depth, as it is difficult for circumstances, the crime of larceny resulted in the commission of crime, property damage has not occurred due to attempted larceny, the victim’s injury has not been excessive, and the victim suffered bodily injury, such as fingers in the course of arresting the defendant from the victim of India, etc., the sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant discovered the victim during the time and place indicated in the facts charged, and caused the escape of the victim, thereby putting balth from the victim, and the defendant cited knife to the victim for the purpose of evading arrest.

In the process, the victim's hand, who was flabing with flab with the left hand, was removed by flabing the hand of the victim who was flabing with the hand, etc., and the victim was injured by the victim, who was flabing with the above flab on the hand, etc., requiring medical treatment for about about 14 days, such as "humbine flabing of flab", etc.

According to the above facts, the defendant not only notified the harm and injury that would inflict harm on the victim's life and body, but also passively, for the purpose of evading arrest in the course of larceny crime.