The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal: The judgment of the court below which acquitted the defendant on the ground of the crime of robbery while finding the defendant guilty on the ground that it is reasonable to misunderstanding of the facts and misunderstanding of the legal principles that the defendant would bring about cash as the victim by assaulting the victim, and thus, it is erroneous in the misunderstanding of facts and misunderstanding of the legal principles.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance trial, the Prosecutor maintained the first charge that the lower court found the Defendant not guilty of the reasoning as the primary charge, and maintained as the ancillary charge the same content as the description in the column of “criminal facts” as stated in the second charge, as the ancillary charge, “thief and bodily injury” as the ancillary charge, and applied the preliminary application provision of the Act in addition to “Articles 257(1), 329, 37, and 38 of the Criminal Act,” and permitted this Court’s permission.

As seen below, inasmuch as this Court rendered a not guilty verdict of the primary facts charged and found a guilty guilty of the facts charged added in preliminary, the judgment of the court below that only the primary facts charged can not be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal on the grounds of appeal, and the judgment below is reversed and it is decided as follows through pleading.

[The reasoning of the judgment in this case] On April 2, 2016, the Defendant: (a) drinked with the Victim C (Y, 35 years of age) who had come to know of a singing room around a short time; (b) decided to engage in sexual intercourse with the victim around 21:30 on the same day; (c) paid the victim a cash amount of KRW 100,000; and (d) entered into the Eel 205, Cheongju-gu, Cheongju-si with the victim.

In addition, the defendant, in the above telecom room, omitted the victim's chest.