The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. In the case of paragraph (1) of the crime of mistake of facts and misapprehension of legal principles in the judgment of the court below, even though it is difficult to see that the defendant's act was committed for the purpose of suppressing the above victim's resistance at the time when it was committed for the purpose of suppressing the above victim's resistance, such as misunderstanding of facts and misunderstanding of legal principles that the court below committed this part of the defendant's act as robbery and misunderstanding of legal principles.

B. The sentence of unfair sentencing (five years of imprisonment) by the lower court is too unreasonable.

2. As to robbery among the previous facts charged in the instant case at the trial, the prosecutor ex officio judgment: (a) as to the robbery from “Robbery” to “thief; and (b) as to Article 333 of the Criminal Act, Article 329 of the Criminal Act, “Article 329 of the Criminal Act”; and (c) as to the facts charged in the instant case, an application for modification of an indictment to change the contents of the facts charged as set forth in the following subparagraphs from the same content as the facts charged in the lower judgment; and (d)

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds of appeal on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The criminal facts recognized by this court are as shown in the criminal facts column of the judgment of the court below except for the alteration of the criminal facts of the court below as follows. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

1. On May 19, 2013, the Defendant discovered the victim D while driving a thief on the road in front of the Suwon-si, Suwon-si, which was around 00:30 on May 19, 2013, sought money and valuables from a person who passed the facility, and sought money and valuables from the victim.