A. The general dispute that occurred in the situation where the Defendant, who was aware of the fact, frequently disputed with the victim, is too serious, and there was no intention to force the Defendant at the time of committing the crime.

B. The Defendant, at the time of the instant crime, was under the influence of alcohol, was unable to properly discern things or make decisions.

(c)

The punishment sentenced by the court below to the defendant is too unreasonable (the imprisonment of three years and six months and confiscation).

2. Determination:

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the victim may give KRW 5,00 to the Defendant at the investigative agency.

The highest and highest knife knife with defective knife with which it is impossible to pay money.

The defendant goes to the safe on the ground of his idea that he will give money, and the defendant has reached the left buckbucks.

The owner of 5,00 won within the defendant, and the defendant's own knife that the defendant intended to conceal while paying all the remaining money, etc. were teared, and the shampoo and shoo were laid to himself.

Therefore, the Defendant and the victim made a statement to the effect that the entire amount of money possessed was given, and the conversation between the Defendant and the victim was consistent with these statements. In full view of these points, it is recognized that there was an intentional act of taking the Defendant’s property from the victim at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant’s drinking to the extent of injury and injury caused to the victim prior to the instant crime is recognized.

However, the following circumstances that can be recognized by the above evidence, i.e., the Defendant’s reputation is the level of injury per week, and immediately after the crime of this case, the Defendant’s bet while leaving the scene of the crime of this case.