A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

A. In relation to robbery among the crime of mistake of facts in this case, the victim voluntarily taken 650,000 won in cash to the defendant, received it only, and did not take money from the victim, but the court below convicted the defendant of this part of the facts charged. Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Even if the facts charged in the instant case are acknowledged, the sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. In a criminal trial for determining a mistake of facts, the degree of the formation of a conviction for finding a guilty verdict must be such a degree that there is no reasonable doubt. However, it does not require that all possible doubts be excluded. The term “reasonable doubt” refers to a reasonable doubt as to the probability of a fact that is inconsistent with the facts based on logical and empirical rules, not including any question and correspondence, but rather with any doubt, and it cannot be deemed that the mere doubt based on conceptual or abstract possibility is included in a reasonable doubt (see, e.g., Supreme Court Decisions 2004Do221, Jun. 25, 2004; 2004Do362, Apr. 15, 2005; 2010Do12728, Jan. 27, 2011; 2010Do12728, Apr. 26, 2015). 205.