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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) facts that the Defendant carried in 2 Mabru from a factory containing Mablu, but at the time, the Defendant was considered to have abandoned this, and thus, the Defendant cannot be said to have the intention of theft on the ground that he had the intention of theft.
In addition, the sentence of the court below against the defendant (the fine of 500,000 won) is too unreasonable.
2. Determination
A. In light of the following circumstances which can be acknowledged by the evidence duly adopted and examined by the court below as to a mistake of facts, it is reasonable to view that the defendant had an intentional intention on theft of the paper of this case in light of the fact that the paper brought by the defendant was inside the factory building contained in the Muslime, and thus, it is reasonable to deem that the paper of this case was kept by another person, and that the defendant did not confirm the existence of the person who caused the above article to be brought about by the defendant, and that the defendant thought that the paper of this case was thrown away from others, and that there was experience of criminal punishment due to larceny, but the defendant had been punished for larceny. Therefore, the above argument by the defendant is not accepted.
B. In full view of the facts that the Defendant had the same power as to the statement of unfair sentencing, that there is no damage, that it is difficult to see that there is a significant change in the sentencing conditions compared to the original judgment, and other circumstances that form the conditions for sentencing as indicated in the records and arguments of this case, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.
The defendant's assertion of unfair sentencing is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.