The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) by borrowing tobacco from the victim, the Defendant merely caused violence to the victim by taking the victim’s own sound; and (b) had no intention to commit robbery.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant argued to the same effect as this part of the allegation, and the lower court, in its detailed statement of determination, rejected the Defendant’s assertion, and recognized that the Defendant had inflicted injury on the victim, who attempted to deprive the victim of his or her

In light of the evidence duly adopted and examined by the court below, the court below's decision is just, and the defendant's assertion is not accepted since there is no error of misconception of the facts alleged by the defendant, in light of the following: (a) if the victim was approaching the victim's tobacco by taking advantage of the tobacco as alleged by the defendant; (b) the defendant given up taking out the tobacco; (c) the defendant was unable to sustain the victim; and (d) the victim was not able to have sprink the victim; and (e) the court below did not have sprink the victim by taking advantage of the tobacco.

B. The lower court’s judgment on the unjust assertion of sentencing shall be based on the favorable circumstances, such as the fact that the Defendant inflicted an injury on the victim in order to forcibly take property against the victim, the fact that the victim suffered mental and physical damage due to the instant crime, etc. However, considering the fact that the Defendant inflicted an injury on the victim, recognized that the Defendant inflicted an injury on the victim, the commission of robbery was attempted, and the injury inflicted on the victim was not serious, and the Defendant did not have any record of punishment in the Republic of Korea, the sentencing guidelines