A. misunderstanding of facts and misapprehension of the legal principles, the Defendant only attempted to steals only the victim’s wallets at the time and place stated in the facts constituting an offense as indicated in the lower judgment, and did not assault the victim for the purpose of evading arrest.

Even if the defendant's act constitutes violence, it cannot be viewed as violence in the crime of robbery since it does not reach the degree of suppressing the victim's resistance.

Nevertheless, the court below erred by misapprehending the legal principles as to assault in the crime of robbery or robbery committed against the defendant.

B. The unfair sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In the crime of robbery as to the assertion of misunderstanding of facts and misapprehension of legal principles, violence or intimidation in the crime of robbery is a means to suppress the other party’s resistance, and is generally acceptable, and it does not necessarily require that the other party has forced the other party’s resistance in reality (see Supreme Court Decision 81Do409, Mar. 24, 1981, etc.). According to the evidence adopted and examined by the court below, the defendant taken the wall from the taxi platform as stated in the facts charged to the defendant in front of the defendant.

The fact that the victim attempted to flee, ② the victim was aware of it, and the defendant was put a arms of the defendant, and the victim was frighted with the victim's hand, and the body of the victim was pushed down, and the victim was frighted to the victim who was driveed after the victim escaped at about five meters. ③ The defendant escaped in the process of making the victim's hand necks several times, and putting the part of the victim's arms attached thereto, and then the victim escaped. In the process, the victim was flickly flick and damaged the part of the arms, ④ the defendant was flicked, and flicked again to E, the victim was flicked, and the victim was flicked, and the victim was flick.