The defendant's appeal is dismissed.

1. Of each of the facts charged in the instant case, the lower court found the Defendant guilty of fraud and injury by robbery and sentenced the Defendant to four years of imprisonment, and dismissed the public prosecution regarding indecent act by compulsion. Since only the Defendant filed an appeal regarding the guilty part of the lower judgment and the dismissal of public prosecution among the lower judgment became final and conclusive separately by the lapse of the appeal period, the scope of this court’s judgment is limited to the conviction part of the lower judgment

2. Summary of grounds for appeal;

A. The Defendant, on the day of the instant case, conducted a mistake of facts or misunderstanding of legal principles, as a remaining time to talk with the victim or drink with the victim, and had the victim drinked with the trade name “L” in the vicinity.

However, after drinking alcohol, the defendant thought that the victim did not calculate the drinking value even after promising the victim to calculate the drinking value, was driving away from the drinking, and was faced with a severe window due to the victim after coming out of the drinking place, and the defendant assaulted the victim by his softening.

On the other hand, on the other hand, the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's face-to-face's face value was followed, but it was confirmed that there was no amount of 8

As such, it is unreasonable for the court below to apply the crime of robbery to the defendant on the ground that the defendant did not have the intention of forcibly taking advantage of his or her intention of taking advantage of the fact that the victim suffered the injury.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

3. Determination

A. The judgment of the court below 1 as to the assertion of mistake of facts or misapprehension of legal principles, i.e., ① from the second witness investigation process of the police, M who observed the scene of crime to the present court, the defendant was found to be "from the victim to the victim's body and body."

first.