A. The Defendant, by mistake of facts, only took the phone phone of the victim, and did not take the victim’s face as stated in the facts charged of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts was clearly erroneous in the first instance judgment on the credibility of the statement made by the first instance trial witness in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act.

In light of special circumstances or the results of the first instance examination and the results of the further examination of evidence conducted by the court of first instance until the closing of oral proceedings, the appellate court shall respect the judgment on the credibility of the statement of the first instance witness (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim made a statement in accordance with the facts charged in this case from the defendant to the court of the court of the first instance, which corresponds to the right side of the court of the first instance, and the CCTV image taken before and after the crime of this case is found to be considerably unfair to maintain the first instance judgment on the credibility of the statement of the first instance witness (Evidence No. 80 of the evidence record).