A. Since a mobile phone brings about a mobile phone to find a misunderstanding of fact, it is not stolen.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly admitted after the judgment on the assertion of mistake of facts, the Defendant, who carried a mobile phone on June 25, 2015, was found to have returned the mobile phone to the father of the victim who reported CCTV after this mold.

Considering that the defendant did not take any measure during this frame, it cannot be said that the defendant brought a mobile phone to find the main person.

B. Considering the various sentencing conditions indicated in the record of the determination of the illegality of sentencing, the lower court’s punishment is heavy.

subsection (b) of this section.

3. Conclusion, Defendant’s appeal cannot be accepted.