The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that from the date of this judgment.

1. The lower court rendered a judgment by dismissing the charge of robbery, destruction of property, guilty of larceny, and assault, among the facts charged, and appealed only for the guilty portion among the charges.

Therefore, the scope of this Court's adjudication is limited to the guilty part of the judgment of the court below.

2. Summary of reasons for appeal;

A. In fact-misunderstanding or legal principles, the victim C had already been drunk and had no awareness at the time of assaulting the victim C. Thus, the victim C’s resistance is not threatened by the Defendant’s assault. Thus, the Defendant’s assault does not constitute “brupt” as required in the elements of the crime of robbery, and it does not constitute “bruption” as well as the relation between such assault and the seizure of property.

In addition, the injured party C suffered a minor and natural therapy is possible, so it does not constitute “injury” required in the elements of the crime of robbery.

B. At least a weak level, mental and physical weak Defendant had the ability to discern things or make decisions by drinking alcohol at the time of committing the instant crime.

(c)

The punishment of the court below (4 years of imprisonment) which is unfair in sentencing is too unreasonable.

3. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, 1) The facts duly admitted by the lower court based on the evidence duly admitted and examined by the lower court as to whether the Defendant took the property by suppressing the victim C’s resistance, etc. based on the evidence duly admitted and examined, the Defendant can recognize the fact that the Defendant took the victim C’s property by suppressing the victim C’s resistance by assaulting the victim C, and thus, the Defendant’s assertion on this part is without merit.

(1) Whether robbery would make it impossible for the other party to resist his/her resistance shall generally suppress the other party’s resistance in consideration of the specific circumstances as at the time of the act.