The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The injury inflicted by a victim of mistake of facts and misapprehension of legal principles during the course of committing the crime of injury by robbery of this case cannot be deemed as an injury by robbery.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

C. The lower court’s sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the crime of injury in the course of judgment of mistake of facts and misapprehension of legal principles refers to a change of a victim’s physical health condition to a poor condition, and a disability in his/her living function is caused. If the injured party’s wife is extremely minor and the injured party does not receive treatment, no difficulty exists in daily life, and the injured party’s physical health condition was naturally changed due to the lapse of the day, and the injured party’s body was naturally cured.

It is difficult to see that there is an obstacle to the function of life or that there is an injury in the crime of robbery.

(See Supreme Court Decision 2003Do2313 Decided July 11, 2003, etc.). According to the result of inquiry into the part or degree of the upper part of the body suffered in the course of the instant crime, the statement of the diagnosis document and the fact-finding with respect to the T convalescent hospital conducted in the trial, the victim was issued a medical certificate stating that “In the course of the instant crime, the victim was hospitalized in the same sick person, etc. as the above, and the victim was in the course of the instant crime, and the victim was in need of a stability cost and hospital treatment for three weeks if there is no complicationation.”

However, according to the above fact-finding results, it is an inner assault.