The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant committed violence or intimidation to the extent that he may directly suppress the victim’s resistance.

Since it is difficult to see the assault committed by the victim, the assault committed by the victim does not fall under the assault of robbery, and the victim's bodily injury is insignificant, it does not constitute an injury in robbery.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The degree of assault and intimidation in the crime of robbery on the assertion of misunderstanding of facts or misapprehension of the legal doctrine refers to the degree of objectively suppressing the other party’s resistance or making the other party unable to resist, in light of social norms, and the injury of robbery refers to the injury of the victim’s physical health condition poor and causing disturbance to his/her life function.

However, the crime of robbery cannot be deemed as an injury to a victim if the victim's bodily condition is extremely minor and the victim's bodily condition does not need to be treated, and even if the victim's bodily condition is not treated without being treated, there is no impediment in daily life, and the victim's bodily condition can naturally be cured after the lapse of the time (see Supreme Court Decision 2004Do4437, Oct. 28, 2004). Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the court below in light of the aforementioned legal principles, the defendant was found to have inflicted assault on the victim to the extent that the victim's bodily condition is inferior and the victim's bodily function is hindered and the victim's bodily function is hindered.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

① At the time of the instant case, the Defendant discovered the victim who was walking along the paths, carried the victim, thereby leaving him/her in both hands, thereby leaving him/her over to the shoulder.

followed.