강도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Of the facts charged in the instant case.
1. Summary of grounds for appeal;
A. Error 1) Although the defendant brought a victim D's car at the time of the decision of the court below, the court below found the defendant guilty of the robbery of this case on the ground that the defendant had the intention of taking the defendant by force, although the defendant did not have the intention of taking the above car by force or to steal it at the time, and there was an error of law that affected the conclusion of the judgment by misunderstanding the facts. 2) The judgment of the court below was erroneous, which affected the conclusion of the judgment.
3) The Defendant, while working as an employee of a company specializing in directors operated by the victim G, has a comprehensive management authority over the collected money and collected money by taking charge of the management of the collected money. Thus, the Defendant’s charges of larceny of this case cannot be applied to larceny, separate from the rate of intent as the crime of occupational embezzlement. However, the lower court determined the facts charged as the crime of larceny. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. (b) In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Part 1 of the assertion of mistake of facts) In full view of the crime of robbery and the part concerning larceny in the judgment of the court below, the various evidences duly adopted and examined by the court below, and various circumstances in the judgment of the court below, the judgment of the court below that found the defendant guilty of each part of the charges is justified, and there is no error of law as alleged by the defendant, and this part of the defendant's assertion is groundless. 2) The part concerning the crime of violation of the Road Traffic Act (driving) in the judgment of the court below.