The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

A seized kitchen, a kitchen, etc.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1 did not have any intention to forcibly take property from the injured party by leaving the kitchen knife on the part of the injured party, and did not have any threat to the injured party.

Nevertheless, the court below erred by misunderstanding the facts, which led the defendant to take the money and valuables against the victim, and threatening the victim by taking the kitchen kn't on the part of the victim, but the victim does not have the intention to escape, but did not have the intention to escape.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment, one year of confiscation) is too unreasonable.

B. Prosecutor 1) In order to give a misunderstanding of facts, the Defendant’s above crime constitutes the crime of injury resulting from robbery, inasmuch as the Defendant could sufficiently anticipate that the victim’s act was able to obtain mental impulse and have a good faith, in light of the content of the act, the Defendant’s act constitutes the crime of injury resulting from robbery.

Nevertheless, the court below predicted that the defendant could have predicted that the injury was caused by mistake of fact, such as the victim's personal injury, etc., due to the above act by the defendant.

Under the premise that it cannot be seen, the defendant's criminal liability for the result of injury is not recognized, and the defendant's act is judged to fall under only an attempted special robbery.

2) The sentence sentenced by the lower court to the Defendant is too uncomfortable.

2. Judgment on the assertion of mistake of facts

A. 1) Determination on the Defendant’s assertion of mistake of facts