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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1.(a)
In a case where a court recognizes a minor criminal facts included in the criminal facts prosecuted within the scope consistent with the facts charged, if it deems that there is no concern over causing a substantial disadvantage to the defendant’s exercise of his/her right to defense in light of the progress of trial, it may, ex officio, recognize the facts charged and other facts charged as stated in the indictment
(See Supreme Court Decision 2010Do10512 Decided November 11, 2010, etc.). Therefore, in a case where the court did not establish proof as to the crime of injury by robbery, which is included in the facts charged of the crime of injury by robbery, while the statutory penalty, which is included in the facts charged of the crime of injury by robbery, is a life imprisonment or imprisonment with prison labor for not less than five years, and is punished as a minor special robbery rather than a crime of injury by robbery, the court cannot be deemed as having tried on the non-prosecution facts while impairing the identity of the facts charged.
(See Supreme Court Decision 63Do215 delivered on September 12, 1963, etc.). B.
Examining the record in light of the aforementioned legal principles, the court below found the Defendant guilty of the attempted crime of special robbery included in the facts charged of the injury resulting from robbery of this case ex officio, on the ground that it is difficult to prove that the facts charged of the injury resulting from robbery of this case by the bodily injury of robbery of this case, which stated that “The Defendant: (a) Dok Dok-Ba, who was a deadly weapon, threatened the victim with Dok-Ba, and forced the victim to withdraw money by force by threatening the victim; and (b) in the process, caused the victim to commit the attempted crime; and (c) the victim was not guilty.
In so doing, contrary to the allegations in the grounds of appeal, there are no errors by misapprehending the legal principles on the recognition of the name of crime, the application of statutes, or changes in indictment.
2. Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act.