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.

2. Comprehensively taking account of the evidence presented by the court below, the fact that the defendant embezzled the cell phone of this case from the possession of the victim, such as the facts charged, can be sufficiently recognized.

Therefore, it is just that the court below found the defendant guilty of the facts charged of this case, and there is an error of law affecting the judgment by misunderstanding facts

subsection (b) of this section.

Defendant’s assertion is without merit.

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