The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. In full view of the following facts: (a) the statements made by the victim in the investigative agency and the court below in the summary of the grounds for appeal are consistent; (b) the accused’s vindication is sufficiently suspected of false in light of various circumstances; and (c) the Defendant has the power to punish the victim by larceny; and (d) the Defendant has committed assault upon the victim’s stolen goods; and (e) the lower court erred by misapprehending the legal doctrine on the crime of robbery or quasi-Robbery, even though it is sufficiently recognized that

2. Before the judgment on the grounds of appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor applied for changes in indictment to add “the crime of intrusion upon a structure” and “the crime of assault” to “the crime of attempted robbery” in the first instance while maintaining the facts charged as to the attempted robbery. This court permitted it, as examined below, and the subject of the judgment was changed in the first instance.

Although the judgment of the court below is no longer maintained due to the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court.

3. As to the assertion of mistake of facts or misapprehension of legal principles

A. The summary of the facts charged (Attempted robbery) at around 18:5 on December 7, 2014, the Defendant: (a) opened a four-story towing room of the luminous Association Ssluri Education Center located in Gangnam-gu Seoul, Gangnam-gu, Seoul, 57-8, a four-story towing room of the fourth floor; (b) opened a bank passbook in Korea, the victim D, who was located on the floor, and a bank passbook in the market price with cash card, and continuing to be opened one bank, the victim D, who was located on the floor of the area; and (c) opened a hand hand in the external speculative machine owned by the victim on the Raditer, who was in the Raditer, and opened the goods to be stolen, the Defendant attempted to be discovered by the victim entering the above towing room; and (d) was taken by the victim with the intention of evading the arrest of the victim who was unable to escape the Defendant.