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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, Defendant A purchased a used car from the victim E, a female living together with the victim, and demanded the victim to deliver E for the settlement of monetary relations, but the victim refused to do so, and thus, Defendant A did not assault the victim with robbery for the reason that the money and valuables deducted from the victim go through the E-friendly job offering K or returned directly by the above Defendant, and thus, Defendant A did not assault the victim with robbery.
Defendant
B without having knowledge of the specific contents, only lent his mobile phone to Defendant A, or returned back to the vicinity of the cash withdrawal machine of convenience store with Defendant A, and Defendant A was accompanied by Defendant A merely without the intent of robbery, such as the intent of assaulting the victim.
Nevertheless, the first instance court is erroneous in matters of law that affected the conclusion of the judgment by misunderstanding of facts by judging the defendants guilty of each robbery injury.
B. The sentence on the Defendants of the first instance trial on the unfair sentencing (Defendant A: 4 years of imprisonment, Defendant B’s imprisonment: 3 years and 6 months of imprisonment) is too unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the first instance court on the argument of mistake of facts, the first instance court on the argument of mistake of facts: ① Defendant A unilaterally committed an assault against the victim, and thereafter requested the victim to make a part of E, a female living together with the victim, which was the victim, but the victim refused to do so, demanded the victim to prepare a letter that he would pay 50,000 won directly to the above defendant; the victim refused to prepare the letter; ② the victim re-brupted the victim as a result of refusing to prepare the letter; ② the victim’s selling wastes, gold brushes, car brus, and 30,000 won in cash using the victim’s physical card; and ② the victim was able to withdraw 30,000 won in cash.