The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The crime of robbery is not established, since the degree of assault and intimidation that the Defendant used in the course of committing the crime did not reach the degree of suppressing the victim’s resistance.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

C. The sentence imposed by the lower court (one year of imprisonment, a fine of 600,000 won) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion on the misapprehension of legal doctrine on the grounds that the Defendant alleged the same purport as the grounds for appeal in this part, and that the Defendant’s assault and intimidation inflicted on the victim constitutes a degree to suppress the victim’s resistance by social norms, by explaining detailed reasons in the part of “determination on the Defendant and his defense counsel’s assertion”.

If the circumstances determined by the court below are based on the evidence duly adopted and investigated by the court below, the decision of the court below that the defendant took the victim's cell phone by force is just, and there is no error in the misapprehension of legal principles as alleged by the defendant.

This part of the defendant's assertion is without merit.

① The Defendant set up a mobile phone with the victim’s shoulder, which appears in the rear side of the victim who was in a telephone at night at night without any human being, while putting the victim’s shoulder at night. The victim said that the victim did not move properly and brought the mobile phone to the victim “Isker,” and the victim appears to have taken the mobile phone at night under the pressure of playing.

② After leaving the Defendant, the victim visited his guardian, and reported the instant crime to the district along with the guardian.

However, the victim may directly prepare a written statement even after he/she escaped from the crime.