The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

For the defendant.

The court below's scope of adjudication was sentenced to a judgment dismissing the prosecutor's request with respect to a case prosecuted against the defendant in the judgment of conviction, and the defendant appealed only against the defendant. Accordingly, there is no benefit of appeal with respect to the request for attachment order.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part concerning the request for attachment order among the judgment of the court below is excluded from the scope of the judgment of this court, and only the part of the judgment of the court below falls under the scope of the judgment

Summary of Grounds for Appeal

The Defendant alleged misunderstanding of facts or misapprehension of legal principles did not have the intent of taking property against the victim at the time when he followed the victim’s behind committing an indecent act. In order to prevent the victim’s face from viewing the face of the victim who was playing in an indecent act by compulsion, the Defendant did not assault the victim with the intent of taking the victim’s face by force from the victim. The Defendant merely saw the victim’s face from the victim’s face to the intent of taking the victim’s face from the victim’s face, and attempted to flee from the victim’s side after the indecent act by force, and stolen the victim’s face by taking the victim’s face rapidly, and the assault exercised by the Defendant did not constitute robbery because the assault by the victim does not constitute robbery to the extent that the victim’s resistance is not to suppress or to make it impossible to resist. Therefore, this part of the Defendant’s act does not constitute robbery.

The injury suffered by the victim does not constitute injury in the crime of robbery, and even if the injury was caused by the victim, the crime of this part of the defendant is based on the crime of indecent act by force and robbery, not the crime of indecent act by force and the crime of robbery by force.

Nevertheless, injury by robbery of this case.