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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding the facts or misunderstanding the legal principles, the Defendant did not assault the victim D (hereinafter “victim”), and, during the course of escape from the victim’s act of larceny, there was a fact that the Defendant attempted to have the victim out of the victim’s breath by breathing the breath, while recognizing the Defendant’s liability for the crime of robbery, the lower court erred by misapprehending the legal principles as to the degree of assault and intimidation, which affected the conclusion of the judgment.
B. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or of legal principles, the degree of assault and intimidation as a means necessary for the establishment of the crime of quasi-Robbery as stipulated in Article 335 of the Criminal Act is limited to the extent that it is generally and objectively possible as a means of suppressing other party's resistance, and it does not necessarily require that the court has unlawfully forced resistance (see, e.g., Supreme Court Decision 2008Do2230, May 29, 2008). 2) The circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim, from the investigative agency to the court of the court of the court of the court of the court of the court below, followed the Defendant’s carter.
Therefore, I am and am together with the elderly who had been in the room, and am fluencing the defendant with his highest fluencing.
Therefore, between the moment that the defendant is trying to catch, the defendant was able to see by drinking.
Therefore, I went to the back of the old age cited by the defendant's head, and the defendant went to the back.
“Specificly and consistently stated,” and the victim does not want to be punished by the defendant in the court of original instance.
The attitude of exaggerationing or making a false statement, such as making statements, etc.