A defendant shall be punished by imprisonment for four years.

The seized mobile phones (M-G720N0).

A. Fact-finding 1) The Defendant: (a) deemed that the victim D’s mobile phone from his name in the bus is entitled to honorariums in case of returning it to the above victim later; (b) from such intent, the Defendant sent the victim’s mobile phone from his mobile phone to the above victim’s mobile phone to the victim’s mobile phone; and (c) provided the victim’s phone number remaining.

The judgment of the court below which found the defendant guilty of this part of the facts charged despite the victim D's intention of illegal acquisition of the victim D's cell phone, is erroneous in the misapprehension of facts.

2) At the time of the crime in this part, the victim I was in a sonship with the Defendant at the time of the crime in this part, and the Defendant did not refuse to drink with the Defendant, and sent a text message to the effect that he allows the Defendant to engage in a sexual intercourse after going out of the telecom.

The judgment of the court below which found the defendant guilty of this part of the facts charged even though the sexual relation with the victim I was conducted under the prior consent of the above victim.

B. The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant, at the time of committing this part of the crime, stolen the victim D’s mobile phone with the intent of unlawful acquisition.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by mistake of facts as alleged by the defendant.

According to CCTV images on a bus that took the scene at the time of the crime of this part, the Defendant took the victim’s mobile phone from his name in mind, and put his own mobile phone cited on his left hand into the left part, instead of putting the victim’s mobile phone into the left part, and instead putting it into the victim’s mobile phone.