The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to a special robbery by mistake of fact, the Defendant did not pose a threat to the victim with a deadly weapon.

B. The punishment of the lower court (three years of imprisonment, five years of suspended sentence) is too unreasonable.

2. Determination:

A. 1) The lower court’s determination as to the assertion of mistake of fact 1) The Defendant carried a knife, a lethal weapon, on the ground that the victim, from the investigative agency to the court of the lower court, shows clearly that “the Defendant knifeed the knife of street lamps around the time of the instant case,” and the knife’s knife was a red system, and the knife’s length was about 5-8cm, and consistently stated to the effect that “the knife was consistently made (see, e.g., the page Nos. 6, 16, 17 of the record of the examination of witness, and 20 pages of the record of the evidence).”

The decision was determined.

2) Examining the records in light of the circumstances acknowledged by the lower court and the first 112 declaration immediately after the occurrence of the instant case, the Defendant was carrying a knife, a deadly weapon, in light of the following: (a) 5 p.m. on the day of the instant case; (b) 8 p.m., having drinking alcohol from 5 p.m. to the day immediately before the instant case occurred; and (c) the possibility that memory is distorted due to influence of drinking alcohol, etc.; and (d) the likelihood that memory is not distorted at the time of the instant crime cannot be ruled out (the Defendant also recognized that the Defendant was under the influence of drinking alcohol at the time of the instant crime at the time of the prosecution investigation; and

Since it is reasonable to view this part of the defendant's assertion is not accepted.

B. In light of the circumstances, the instant crime of determining the illegality of sentencing was committed by carrying a knife, which is a deadly weapon for a short period of 30 percent, and was committed with the intent to forcibly engage in or compel another person to commit an indecent act on another person’s property, and the nature of the crime is not good, the Defendant is the first offender.