The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the crime of robbery in the absence of an active assault by the victim while making a mistake of fact or misunderstanding of legal principles only passive behavior to the extent that the victim spawned in the process of suppressing the victim, thereby causing injury to the victim, is erroneous by misunderstanding the facts or by misunderstanding

B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of ex officio appeal, the Prosecutor: (a) ex officio before this Court’s judgment on the grounds of appeal, the name of the crime in this Court is “injury by robbery”; (b) the applicable provisions of this Act are “Article 335, 333, and 342 of the Criminal Act”; and (c) in the facts charged, the part of the judgment below stating that “In order to escape arrest, the Defendant was unable to obtain permission to change the victim’s right by taking several times on the ground that he was fright at the victim’s port and fright, etc., requiring approximately two weeks of treatment by taking several times on the victim’s left part; and (d) the victim’s right to the left part, such as dump, eump, tension, etc., for the purpose of evading arrest.”

However, even if there is a ground to reverse ex officio as above in the judgment of the court below, the part related to assault among the misconception of facts or misapprehension of legal principles related to the modified facts charged is still subject to the judgment of the court of this Court

B. Judgment on the Defendant’s assertion of mistake or misapprehension of legal principles.