The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Fact is that the defendant who misleads the victim of the fact that he saws the victim's neck over the floor by putting the victim's neck behind the victim's hand, but there is no fact that he saw the victim's neck.

B. Legal principles cannot be deemed that the injured party’s wife caused by the Defendant’s crime constituted “injury” as defined in the crime of robbery.

(c)

The Defendant, who has both mental and physical loss or mental weak, committed the instant crime under the influence of alcohol, under the condition of mental and physical loss or mental weakness.

(d)

The sentence of the court below against the illegal defendant in sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and applied the name of the defendant in the trial in the robbery, and applied the provision in Article 333 of the Criminal Act, and applied the application for changes in the indictment as stated in the facts charged as follows. Since this court permitted this, the judgment of the court below was no longer maintained.

Although there is a ground for ex officio reversal as above, the defendant's assertion of mental or physical loss or mental weakness is still subject to the judgment of this court, and this is examined.

B. According to the record as to the assertion of mental and physical loss or mental weakness, the defendant had a drinking condition at the time of committing the instant crime.

It is difficult to see that the family alcohol was in a state of drinking.

Even in light of the Defendant’s reputation, the background leading up to the commission of the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, the defendant's mental and physical loss or mental weakness are without merit.

3. In conclusion, the judgment of the court below is justified on the ground that the above grounds for reversal are reversed ex officio.