2. The judgment below rendered a sentence of a fine of KRW 1,00,000 to the defendant, considering the fact that the defendant recognized the crime of this case as well as that the defendant returned the stolen object immediately after the crime to the victim, that the victim does not want the punishment of the defendant, and that the defendant is a disabled person with a disability Grade III. According to the records, on April 30, 1992, the defendant was sentenced to a suspended sentence of one year for larceny at the Busan District Court on April 30, 1992. The defendant has multiple criminal records, such as being sentenced to a suspended sentence of one year for larceny. At the time of the crime of this case, the punishment of the crime, such as using and dumping the cell phone case of the victim who had drinking alcohol together at the time of the crime of this case, is not easy, and there is no change in the sentencing factors to be specially considered in the trial, and considering all the sentencing conditions of this case, such as the defendant's age, character and behavior, criminal records, motive and circumstance leading to the crime of this case, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.