The Defendant alleged misconception of facts or misapprehension of legal principles has been unable to cover a fulbage with the victim D or H, and there was only a pulse of this, and there was no assault by the victims like the crime at the time of original adjudication, and the victim D suffered loss incurred during the process of fuling as above. Thus, it was not caused by the Defendant’s assault.

This point is consistent with the statements of the victim D in the court of original trial.

Nevertheless, the court below held that the victim D was caused by the Defendant’s assault was unlawful.

Even if the injured party D suffered from the assault of the defendant, the injured party's wife was naturally cured, and thus, it does not constitute an injury resulting from robbery.

Nevertheless, the lower court found the Defendant guilty on the ground that it constitutes injury.

In light of the fact that the Defendant alleged unfair sentencing had economic difficulties, thereby causing the instant crime, etc., the sentence imposed by the lower court against the Defendant (three years and six months of imprisonment) is too unreasonable.

According to the records, whether the injured party D suffered from mistake of facts or misapprehension of legal principles, or whether the injured party D suffered from the assault of the defendant, as the injured party D had immediately arrived at the scene of arrest of the defendant at court below, it is recognized that the defendant was unable to display drinking to the injured party H, and that he/she also made a statement consistent with the above argument to the purport that he/she does not have any fact against the defendant. (B) However, in light of the evidence duly adopted and investigated by the court below and the witness H's testimony, it can be sufficiently recognized that the defendant was faced with the victim D by assaulting the victims in an opportunity of robbery, such as the crime at the time of the original trial, and the facts that he/she suffered from the injured party D by assaulting the victims in an opportunity of robbery.

(1) Victims D.