The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One color hat (No. 1), hand, etc. that has been seized.

1. Summary of grounds for appeal;

A. Although the Defendant merely caused the victim's losses to the victim, and there was no fact that the victim's body and arms were recovered from the victim's body and the victim was pushed down by the elbow, and the victim was pushed down above the ground floor, the judgment of the court below that found the Defendant guilty of attempted robbery, and that there was an error of misunderstanding the facts.

B. The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The assault, which is a constituent element of the quasi-Robbery of a judgment on the assertion of mistake of facts, ought to reach the extent of suppressing the other party’s resistance in a balance with the assault of robbery, but is sufficient to the extent that it is recognized as a means of suppressing the resistance to the extent that general and objectively possible, and the intention of the arrest is not required to have been devised.

In light of the specific circumstances in order to arrest, it should be determined to the extent sufficient to suppress the attack power of the arrest. If the other party of the assault causes harm to his/her body, it is difficult to exclude it and arrest the offender, barring any special circumstances, and therefore, it is generally sufficient to control the intention of the arrest.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant had been selfed from the victim one time, again the victim resisted from the defendant by putting the defect in preventing the defendant from leaving a canter, and pushing the defendant into the elbbs, etc. <2> The victim has consistently stated that the defendant was seriously displayed in the investigative agency up to the court below's decision, and the victim was faced with the defendant's arms in the process, and that the victim was forced to go beyond the balance.