The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant: The sentence that the lower court rendered unfair sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor: The sentence that the court below sentenced unfairly in sentencing is too uneasible and unfair.

2. An ex officio judgment prosecutor applied for changes in the contents of intimidation and larceny in the trial of the party, and the subject of the judgment was changed by this court.

The above crime is a concurrent crime under the former part of Article 37 of the Criminal Act with the crime of robbery, the crime of bodily injury, the crime of assault and the crime of assault, and the crime of concurrent crimes. Thus, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided after pleading, without examining the unfair argument of sentencing by the defendant and the prosecutor.

【Re-written part of the judgment below] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are as stated in the corresponding column of the judgment below, except for the cases under Paragraph 2 of criminal facts, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Part above the height shall be the same.

2. Intimidation and theft;

A. On July 16, 2016, around 08:10, the Defendant threatened the victim with an attitude that would inflict any harm on the victim’s body, such as attempting to wait the victim’s G (at the age of 55) about drinking the victim without any reason.

B. The Defendant, at the time and time of port 2-A, stolen Samsung Gallon 3 smartphones owned by the said victim, which was damaged by the said victim’s Gallon.

Application of Statutes

1. Relevant Article 337 of the Criminal Act, the choice of punishment for the crime (the point of robbery, the choice of imprisonment with prison labor), Article 283(1) of the Criminal Act (the point of intimidation, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act).