The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds of appeal is acknowledged that the defendant has already planned to seize the victim's cell phone at the time of the assault, in light of the developments leading up to the assault committed by the defendant by finding the victim and his behavior after the defendant assaulted the victim, and the temporal distance between the assault and the seizure of cellular phones.

Even if the defendant did not have a plan to take advantage of property, it is reasonable to deem that the defendant took advantage of the victim's anti-defluence and taking advantage of property closely due to the defendant's assault, and that the defendant took advantage of the victim's anti-defluence caused by the assault, so special robbery is established.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and misunderstanding legal principles.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the facts charged for special robbery by the court below, while maintaining the facts charged for special robbery which the court below acquitted in the court of appeal as the primary facts charged, and applying the applicable provisions of the law to "special assault" and "thief" as "Articles 261, 329, 37, and 38 of the Criminal Act", and applied for amendments to the indictment as stated below [the ancillary facts added in the court of appeal]. This court permitted this.

As the subject of the judgment of the court was changed, the judgment of the court can no longer be maintained.

Despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake and misapprehension of legal principles is still subject to the judgment of this court, and we will examine below.

【Preliminary Facts Additional to the Trial】

1. The Defendant is a person who had been receiving a mental treatment from approximately seven years ago due to alcohol addiction.

On June 28, 2019, the Defendant heard from B, who was known to ordinary people on June 28, 2019, that “the Defendant was assaulted by C,” and made a phone call to C.