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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts, on July 31, 2012, returned home on July 31, 2012, at around 04:25, 201, she: (a) the Defendant: (b) laid the string of the victim D (the age of 27) in order to walk the horses in mind; and (c) the victim was able to have the string of the sound so as not to have the string of the string and the string of the string.
The defendant had no intention to commit robbery.
B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.
2. Determination
A. 1) According to the evidence duly admitted and examined by the court below, it is acknowledged that the defendant followed the victim, followed the victim, followed the victim again, followed the victim, and followed the victim, and the victim was faced with the shoulder at the time, and it was not easy for the victim at the time to wear the bank or the lock because the string was increased and the string was short so that it was not easy for the victim to wear the bank or the locking, but the defendant was able to keep the bank down even after the victim was over the string, and the defendant was able to do so even when he was above the victim, and when examining the specific contents of the crime of this case and the defendant's behavior before and after the crime of this case, it is deemed that the defendant had objective criminal intent to suppress the victim's resistance at the time of committing the crime of this case, and to force the victim by force. According to the judgment of the court below's conviction, the judgment of conviction of facts is justified and there is no error in the misapprehension of facts as a result of the judgment of the court below.
B. The following circumstances are acknowledged according to the evidence duly adopted and examined by the first instance court and the first instance court as to the claim of mental disability.
The Defendant, along with I, J, etc., has given leave in the estimation of the Gigu, Seocheon-gu, Seoul Special Metropolitan City, from July 30, 2012 to July 04:00, 2012.