All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In the course of misunderstanding of facts and misunderstanding of legal principles, the Defendant and the victim got away from the victim’s bank, and the victim suffered the victim’s wife in that process, and the Defendant did not inflict any injury on the victim due to drinking or launching the victim, or did not intend to assault the victim.

Defendant assaulted a victim.

Even if it does not constitute an assault to the extent that the resistance required in the crime of robbery is to suppress, and the injured party's wife is minor and does not constitute an injury in the crime of robbery.

2) The sentence sentenced by the lower court to the Defendant (three years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Determination 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine as to the Defendant’s assertion of misapprehension of the legal doctrine

Therefore, the act of continuously towing the victim while taking the property from the victim's resistance in order to find it out in the course of taking possession of the water-free act and take the property from the place of detention despite the victim's taking possession of the water-free act, is the act of taking the property from the place of detention after suppressing the victim's resistance, and it is necessary to rate it to the robbery crime (see, e.g., Supreme Court Decisions 2007Do7601, Dec. 13, 2007; 2005Do2722, Jul. 15, 2005).