The judgment of the court below against the defendant in the judgment of the court of first instance shall be reversed, respectively.

The defendant shall be punished by imprisonment for a maximum term of five years.

1. Summary of grounds for appeal;

A. In the course of misunderstanding of facts or misunderstanding of legal principles (the injury by robbery) the Defendant put the above victim’s arms or body in the process of cutting off the embankment from the victim V, but there is no fact that the said victim’s bucks and the bucks and the bucks go beyond the bucks of the said victim and went through the wire transfer of the said victim.

Since S, at the time of assaulting the above victim to inflict an injury, was committed outside the scene of the crime, and the other party promised to flee if the other party resisted to commit the crime in advance with the accomplice, and the other party promised not to do an absolute injury, it was also impossible for S to at all expect that the above victim would be injured.

B. Each sentence (the first instance court: the imprisonment with prison labor for a maximum of five years and three years and six months, and the second instance court: the imprisonment for a maximum of six months and six months, and the third instance court: the imprisonment for a maximum of eight months and six months) of the original court on the defendant is too heavy.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the court below rendered a separate examination of the defendant and rendered a judgment of conviction against the defendant, and the court decided to hold a joint hearing of each appeal against each of the defendant's respective appeals.

However, the first, second, and third of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. For this reason, the part of the judgment of the court of first instance against the defendant and the judgment of the court of first instance cannot be maintained any more.

However, despite the above reasons for ex officio destruction, the grounds for appeal for mistake of facts or misapprehension of legal principles against the judgment of the court of first instance are still subject to the judgment of this court, and this is examined.

B. The first instance court’s judgment on the assertion of mistake of facts or misapprehension of legal principles also asserted the same purport as the grounds for appeal, and the first instance court’s judgment on the ground of appeal No. 1.