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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. In relation to the robbery by mistake of facts, the victim was assaulted by the defendant at the time of the case and delivered 4 million won to the defendant in the state of suppression of resistance, and the court below recognized only the attempted robbery of this part of the charges as unjust.
B. The sentence of the lower court’s unfair sentencing (three years of suspended execution in one year and six months of imprisonment, and confiscation) is unfair as it is excessively unfasible.
2. Determination
A. The crime of robbery as to the assertion of mistake of facts is a crime of forcibly taking property or acquiring or causing a third party to acquire other property benefits by means of assault or intimidation to the extent that it may make it impossible to resist the victim’s intent. As such, the crime of robbery shall be deemed to have taken the property against the victim’s will under the suppression of the victim’s intent into the possession of himself or a third party (see Supreme Court Decision 95Do91, Mar. 28, 1995, etc.). Based on these legal principles, this case is examined. Based on these legal principles, the relationship between the defendant and the victim, who can be known by the evidence duly adopted and examined by the court below and the court below, and the relation between the defendant and the victim, the victim’s attitude and the subsequent circumstances after the victim committed the assault of the victim, the situation at the time of giving money to the victim, the situation at the time of giving money to the victim, and the situation at the time of giving money to the victim, and the situation where the victim was kelly knick after his delivery of money to the victim.
It is difficult to see, and there is no other evidence to acknowledge it.
Therefore, the judgment of the court below is just and acceptable, and there are errors by misunderstanding facts and affecting the conclusion of the judgment.
(2).