강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Although the Defendant had inflicted an injury on the victim who was under the influence of alcohol, the Defendant did not assault the victim with the intent to forcibly take the victim's wallet or mobile phone, but merely reported the wallet to identify the victim and laid it around the site in order to identify him/her, it is unreasonable to recognize the Defendant as an injury by robbery.
B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. In full view of the following circumstances, the lower court determined that the Defendant committed an injury by assaulting the victim with the intent to forcibly take the victim’s wallet and mobile phone, and that the Defendant took the victim’s wallet and the cell phone against the victim’s cell phone.
(1) The victim, at the time of the instant case in an investigative agency and this court, states consistently that while under the influence of alcohol at the time of the instant case, she unilaterally she was drinking himself/herself on the alleyway, and thereafter there was no custody of the victim, and that he/she did not have any verbal dispute or trial expenses with the Defendant.
(2) At the time, the Defendant made a statement that the victim was scambling, and even if the victim was scambling, it is difficult for the Defendant, who was getting a bicycle, to escape from the scamed victim, to escape from the situation, but it was not difficult for him to escape from such situation. However, it is difficult to understand that the Defendant, who was on the part of the victim, was frightd with the victim, who was scambling
(3) In light of the fact that the Defendant: (a) before F convenience stores, asked the victim whether he was able to do so, at any time, and whether he was able to do so; and (b) the name of the Defendant was able to identify the victim after assaulting the victim, in order to identify the victim.