The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the charges of special robbery, even if the defendant had a deadly weapon and had a brupted force against the victim, and found the defendant not guilty of the charges.

2. The prosecutor ex officio made an application for changes in indictment to the effect that the facts charged for special robbery are maintained around the trial, and that the indictment for special robbery is divided into violation of the Punishment of Violences, etc. Act (a collective crime, threat of deadly weapons, etc.) and robbery and added them as preliminary charges. Since this court permitted this, the judgment of the court below cannot be maintained any longer.

However, even if the judgment of the court below has such reasons for ex officio destruction, the prosecutor's argument in the grounds for appeal is still subject to the judgment of the court, and this is examined.

3. Prosecutor’s assertion of the grounds for appeal and determination of robbery among the ancillary facts charged

A. On April 17, 2014, the Defendant: (a) around 17:00, at the home of the victim D (the age of 64) located in the Cheongju-gu Seoul apartment complex, Chungcheongnam-gu, Chungcheongnam-gu; (b) the Defendant lost all of the money and borrowed KRW 50,000 to the victim; (c) but was refused to borrow KRW 50,000,000.

Therefore, the Defendant, after walking a knife with a knife of the victim, laid the floor by putting the flife of the victim, laid the kitchen 24 cm, which is a deadly weapon installed in the kitchen at the place of the kitchen, and then put the victim into the knife, and threatened the victim “knife” by cutting the kitchen knife, and then knife the knife with the knife in the floor, knife the above kitchen knife inside the floor, then cut the same kitchen knife in the same knife, and then cut the same kitchen knife in the same knife.