절도등
The defendant's appeal is dismissed.
The main point of the appeal is that the victim E, who is misunderstanding of the fact of the reason for appeal, took off the mobile phone from the convenience store, thereby hiding the mobile phone, and did not think that he has stolen the mobile phone.
Comprehensively taking account of the evidence duly adopted and examined by the court below on the argument that the sentencing was unfair, the fact that the defendant discovered the victim E's mobile phone, sent off the cell phone immediately after the discovery of the victim E's mobile phone and concealed it at a place where only the defendant can be known, the victim E returned to the convenience store, and the defendant was asked about the mobile phone immediately after the fact that the victim could not immediately see the mobile phone, and the CCTV inside the convenience store cannot be seen as the victim interfered with the convenience store business, and the fact that the police officer dispatched upon the receipt of the report did not show CCTV image, and that the fact that the police officer sent the mobile phone was laid down in the handphone due to concerns over the location tracking thereafter is recognized.
As long as the defendant occupies the cell phone of the victim in a different place, it constitutes larceny, and the intention of larceny and the intention of illegal acquisition is also recognized.
The defendant's assertion of misunderstanding of facts is without merit.
It is reasonable to respect the judgment of the first-class sentencing in the event that there is no change in the conditions of sentencing compared to the first-class judgment, and the first-class sentencing does not deviate from the reasonable scope of discretion.
In full view of the following facts: (a) the Defendant’s act of theft of the victim E mobile phone of the victim who sought to find such theft by threatening the victim F, which is not very good in quality; (b) the Defendant did not return the mobile phone; (c) the Defendant did not compensate for the damage; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the
The sentencing conditions are different in the court.