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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Articles used by the defendant of mistake of facts and misapprehension of legal principles are not a kitchen knife, but a wooden joint board, and the victim does not constitute injury or injury caused by robbery to the degree of the victim.
B. The lower court’s sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. (1) According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, victim E stated that “the defendant has concealed his body on the side of the entrance, and clearly knife his hand at the time when he opened the entrance, and the defendant has a knife in the situation where he has a knife with the victim’s knife.” As to the knife characteristics, “knife plastic material was used in the main kitchen, and the knife was ordinarily used in the main kitchen, and the knife was not a knife, but a knife, the knife was not a new 30ccife, and the knife was a knife, the knife’s length was a knife, and the knife was a knife’s knife’s knife.”
범행 시간이 오전 10:17경으로 대낮이었던 점과 피고인은 당심 법정에서 자신이 범행 당시 사용한 나무합판은 직사각형의 나뭇조각으로 시멘트 작업을 할 때 받치기 위해서 쓰던 것이라 끝이 뾰족하여 사람을 다치게 할 만한 것은 아니라고 진술하고 있는데 직사각형 모양과...