A. In the absence of a fact that the Defendant did not take money from the victim G, and did not assault the victim I for the purpose of retaliation, the lower court found the Defendant guilty of all of the facts charged.

B. Each sentence sentenced by the lower court (one and half years of imprisonment and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the determination of the assertion of mistake of fact, the victim G made a very concrete statement in the police about the circumstances in which the Defendant and B suffered damage from receiving money and valuables from the Defendant and the Defendant, and B, an accomplice, made a statement in compliance with G’s statement at the investigation agency.

The Defendant also led to the confession of all of the crimes in the investigative agency and the court below.

The court below is just in finding the defendant guilty of this part of the facts charged, and there is no error of misconception of facts as alleged by the defendant.

(2) With respect to the assault for the purpose of retaliation, the prosecutor applied for the amendment of the indictment to the effect that “2:00” changed the time of the crime from “20:0” to “22:00,” and this court permitted the amendment of the indictment on the third trial date. Although the form of the procedure for the amendment of the indictment was withdrawn, it was changed to the extent that it affects the defendant’s defense right.

It is difficult to see the substance of the indictment simply correct the obvious clerical error or error in the indictment, and it is reasonable to see that it constitutes a correction of the facts charged.

Therefore, this part of the court's decision is still the same as the subject of the judgment of the court below, and the following is judged as to the defendant's assertion of mistake.

The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court, i.e., the victim I, to the investigation agency and the lower court, and the first instance court, are consistently conducted at the Nowon-gu Police Station.