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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles 1) The Defendant, while working for the victim, did not have any intention of unlawful acquisition, on the ground that he only sent the victim’s sexual organ to the male-child body and sent the victim’s text message to the victim, by reporting that the Defendant sent the male-child body and the L message while working for the victim.
2) The injured party’s wife is merely minor and natural to the extent that it does not interfere with daily life, and thus does not constitute the crime of robbery.
B. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. 1) In order to establish the crime of robbery, the establishment of robbery should first be recognized, and the intent of unlawful acquisition should be sought in order to establish robbery.
The intent of unlawful acquisition refers to the intent to use or dispose of another person's goods as his/her own goods by excluding the right holder, and it does not require permanent intent to hold economic benefits. Even in cases where the possession of another person is occupied for the purpose of temporary use, it cannot be deemed that the use of the goods itself is a case where the economic value of the goods itself is consumed to a considerable extent or for a considerable period of time, or where the goods are abandoned in a place different from their original place (see, e.g., Supreme Court Decision 2012Do1132, Jul. 12, 2012). 2) In light of the aforementioned legal principles, in light of the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below and the court before remand, the defendant did not have an intention to permanently hold the mobile phone of this case.
Even if a person is a right holder, he/she is excluded from possession for a considerable period against the will of the victim.