A. Error of facts and misapprehension of legal principles did not recognize the fact that the victim was towing on the motorcycle, and thus, he did not have a criminal intent to flee, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the victim escaped from the site without taking necessary measures, such as aiding the victim, even though he/she is aware of the fact that the victim was towing the motorcycle, so the judgment of the court below to the same purport is just and it cannot be said that there was an error of mistake of facts or misapprehension of legal principles, such as the

Therefore, this part of the defendant's argument is without merit.

① Although the Defendant demanded the victim to return his bank, the Defendant: (a) opened the instant motorcycle as it was, and (b) was aware of the fact that the victim was able to take the bank at the time of departure; and (c) was aware of the fact that the victim was able to take the bank at the time of departure, and (d) was aware of the circumstances that the victim was forced to take the bank.

(2) The injured party may listen easily to the sound requested by the injured party, because the injured party, who was putting the bank on her hand, has lost a balance bypassing the speed of a motor bicycle at a high speed, has set the hand by hand, not only to change the weight, but also to hear easily the sound requested by the injured by the new wall at the time, because the human body is rare time with a new wall at that time.