The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. A. Fact that a mistake of fact assaults a victim, but this is merely a assault by the victim's refusal of a sexual intercourse even after receiving KRW 100,000 under the pretext of a sexual relationship, and there was no intention to give money, and later, a compromise between the victims and a return of KRW 120,000 to the victim's own free will.

Nevertheless, the judgment of the court below which found the injury by robbery guilty is erroneous in misconception of facts.

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

2. Determination on the grounds for appeal

A. The legitimate right to the assertion of mistake of facts was established

Even if the act is not recognized as the exercise of the right, such as the case where the other party obtains property or property benefits by means of assault and threat by taking advantage of the exercise of the right, the crime of assault and threat shall be committed. If the degree of assault and threat objectively leads to the extent that the other party's resistance or failure to resist, the crime of robbery is established.

The crime of robbery under Article 333 of the Criminal Act is established by forcibly taking another's property or acquiring pecuniary advantage by means of violence or intimidation sufficient to suppress a person's resistance. As such, even though there was a fact that the defendant took part in assault or intimidation sufficient to suppress a person's resistance to the other person, if the compromise was made between the other person and the other person, and the other person delivers the property at his/her own will, the crime of robbery under Article 333 of the Criminal Act is not used as a method of taking property, and there is no causation between the two, since the crime of robbery and intimidation does not constitute acquiring the property by taking advantage

of the first time, however, the state of anti-dumping by the above assault or intimidation was under the plan to seize the property from the beginning.

(a) either.