The judgment below

The guilty portion shall be reversed.

The sentence against the accused shall be 500,000 won.

Defendant.

1. Reasons for appeal;

A. The Defendant does not have any fact of intimidation against the victim, and there is no evidence to acknowledge this.

B. The punishment of the lower court is too heavy.

2. Determination

A. We examine ex officio determination.

According to the records, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, etc. in the Suwon-gu 2014 High Gohap 119 on August 29, 2014, and the judgment became final and conclusive on January 6, 2015.

Although the lower court should have dealt with concurrent crimes with regard to the guilty portion of the instant case and robbery, which became final and conclusive, the lower court omitted this.

However, the defendant's assertion of misunderstanding of facts still needs to be judged, even though there are reasons for misunderstanding ex officio, which omitted the treatment of concurrent crimes.

B. According to the judgment of the court below as to the assertion of mistake of facts, according to the confession of the defendant on the fourth trial date and the statement of the statement against the victim, which is the evidence of the consent of the defendant, the defendant may sufficiently recognize the fact that the defendant has threatened the victim.

3. Since the judgment of the court below is reversed ex officio as to the guilty part of the judgment of the court below, the conviction part of the judgment of the court below is reversed pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is again ruled

Criminal facts

On August 29, 2014, the Defendant was sentenced to a four-year term of imprisonment for robbery, etc., and the judgment was finalized on January 6, 2015, when he was sentenced to a four-year term of imprisonment for robbery, etc., in the first head of the crime.

Except for addition, since each corresponding column of the judgment below is the same as that of the judgment below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 283 of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Attraction of a workhouse;