Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the crime of violation of the Punishment of Violences, etc. Act, the Defendant was under the influence of alcohol to discern things or make decisions.

B. Examining the prosecutor’s (the injury caused by robbery)’s statement at the prosecutor’s office, the victim’s statement, and the circumstances of this case, it is sufficiently recognized that the Defendant had the intent of robbery at the time of threatening the victim with a knife, which is a deadly weapon, and causing the injury. However, the court below acquitted the Defendant of this part of the facts charged.

B. The sentencing of the lower court (two years of imprisonment) on the ground that the sentencing of an unreasonable sentencing is too unjustifiable.

2. Determination on the grounds for appeal

A. According to the record as to the Defendant’s mental and physical disability assertion, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, in full view of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of committing the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

B. As to the prosecutor’s assertion of mistake of facts, the Defendant: (i) had the intent to forcibly take money against the proprietor of a singing practice room; and (ii) had the victim G (58 years old) on the first floor below the Seo-gu Seoul Special Metropolitan City F Building around August 25, 2013.

The defendant, according to the victim's guidance, is waiting for the above singing practice room two times, who enters the above room, with the victim's shoulder hacks the victim's shoulder, and knife the knife knife knife knife knife, which is a deadly weapon in advance, and knife the knife.