All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) According to the evidence submitted by the prosecutor (1) misunderstanding of facts and misunderstanding of legal principles, the Defendant, at the time of committing the instant crime, can be found to have known that the Defendant was the victim’s ownership, and that there was an intention of unlawful acquisition.

Nevertheless, the judgment of the court below which acquitted the defendant of the injury by robbery of this case is erroneous in the misapprehension of legal principles.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (eight months of imprisonment) is too uneasible and unfair.

B. Defendant (1) was in a state of mental disorder by drinking alcohol at the time of committing the instant crime.

(2) The sentence imposed by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court acquitted the Defendant and E of the injury resulting from robbery on the ground that it was insufficient to recognize that the Defendant and E were the victims at the time of the instant case.

In addition to the circumstances described by the court below in detail and the following circumstances known by the records, the judgment of the court below is just and there is no error of law by misunderstanding the facts or by misapprehending the legal principles.

① In light of the fact that the victim stated that he/she was unaware of the victim’s escape when he/she escaped, and that the victim reported that he/she would have stolen the vehicle when he/she first reported the 112 report, it is deemed that there is no fact that the Defendant requested the victim to keep the vehicle temporarily.

2. The victim stated in the police that he would bring him to the Defendant and E at the seat of the police station.

(No. 49 of the Investigation Record). However, the victim stated in the court below that the defendant or E would be able to bring about the defendant or E away immediately after being subject to the telephone investigation by the prosecutor, and that the circumstance of the investigation is not well memory.

(5) The trial records shall be 5 pages). (3) another victim shall be located at the location of the room, and the police.