All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the injury caused by robbery) recognized the fact that the Defendant stolen rice spokes from the victim’s house at the victim’s house and lost the Defendant’s car. However, the injured party’s spokes the rice spokes from the above car and went beyond the mixed. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. The lower court erred by misunderstanding of facts, and even if it is found the Defendant guilty of all the facts charged of unfair sentencing, the lower court’s punishment (four years of imprisonment) is too unreasonable.

B. Prosecutor 1) In full view of the fact-finding (the fact that the Defendant’s residence intrusion and theft as of January 23, 2016) was discovered at the victim X’s house in the same form as that of the Defendant’s physicalization, and in full view of the fact that the stolen object is a television as in other larceny crimes, the Defendant may sufficiently recognize the fact that he stolen television by intrusion on the victim’s house. However, the lower court determined that the Defendant was acquitted of this part of the facts charged by misunderstanding the fact, and that the lower court’s sentence of unfair sentencing is unreasonable.

2. Determination

A. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court and the trial court as to the Defendant’s assertion of mistake of facts, the facts that the Defendant was injured by the victim in order to resist the recovery of property as stated in this part of the facts charged, as the victim’s house was discovered after theft of rice spokes from the victim’s house.

Therefore, this part of the defendant's argument cannot be accepted.

① From the investigative agency, the victim consistently reported that the Defendant stolen rice spawn and laid down the rice spawn onto the rear seat of the said vehicle, and opened a back door to take the spawn. The Defendant was driving the said vehicle.

The back of the door, which is opened by the head of the Gu, shall be taken as both hands.