The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the fact that the Defendant assaulted the victim outside of a taxi, but did not intentionally embling the victim into the ground.

The Defendant was assaulted by the victim while under the influence of alcohol while committing robbery, and did not commit robbery with the intent of illegal acquisition of taxi charges and taxis.

2) The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing robbery.

3) The sentence of the lower court’s unfair sentencing (two years of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. According to the prosecutor’s statement, victim’s photograph, hospital treatment details, etc., the lower court acquitted the Defendant of robbery on the ground that the victim did not have any injury.

The court below erred in the misapprehension of facts.

2. Determination

A. 1) In order to establish the robbery of the relevant legal doctrine, there should be an intention of unlawful acquisition.

Illegal acquisition intent refers to the intent to use and dispose of another person's goods as his/her own property in accordance with the relevant economic usage, such as his/her own property. Therefore, even though it is not necessary to possess the economic interest of the goods permanently, it cannot be recognized merely by the infringement of possession. An intention to acquire the object itself or to obtain only its value, or at least an intention to acquire ownership or any other equivalent right (see, e.g., Supreme Court Decision 2010Do16827, Mar. 14, 2013). 2) According to the evidence adopted by the original court and examined, the victim shall have arrived before G apartment 102, and then he/she arrive in the defendant.

The charges of KRW 3,00 have been paid in 3,00.

The Defendant stated to the effect that “” is the victim immediately thereafter.