A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

가. 사실오인 1) 강도상해죄 관련 피고인은 왼팔로 피해자의 목을 감싸 안고 피해자의 머리를 수회 때리는 등 피해자를 폭행한 사실이 없고, 피해자를 밀치고 머리카락을 움켜쥔 사실은 인정하지만 이는 체포를 면탈할 정도의 유형력 행사라고 볼 수 없다. 2) 재물손괴죄 관련 피고인은 피해자의 휴대전화를 빼앗아 바닥에 던진 사실이 없다.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts as to the assertion of injury by robbery should be based on the judgment of the court below. The defendant argued the same purport as the grounds for appeal in this part of the judgment of the court below. In this regard, the court below determined that, based on the results of the jury's unanimous verdict of unanimous verdict of the participatory trial, the defendant can be found to have inflicted an injury on the victim by assaulting the victim for the purpose of evading arrest.

B) In full view of the following facts and circumstances that can be acknowledged by the evidence duly adopted and examined by the court below, the judgment of the court below is acceptable, and there is no error of misunderstanding of facts as alleged by the defendant. Accordingly, this part of the defendant's assertion is not accepted. ① The victim stated to the police on the day of the instant case that "the defendant attached the defendant to go with the bicycle in his house, and the defendant prices the head at several times after going to go through the hedging (the trial record 74 pages)," and the statement to the same effect is also stated in the written statement prepared by the victim and submitted to the police (Evidence 18 pages of evidence record).