The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The judgment of the court below is in favor of the defendant's confession of the crime of this case and the fact that the victim recovered the lost mobile phone. However, the market price of the damaged goods of this case is about one million won, the defendant attempted to sell the mobile phone of this case, and considering the defendant's age, character and conduct, environment, motive, means and result leading to the crime of this case, circumstances after the crime, criminal records, and all of the sentencing conditions stated in the records and arguments of this case, the punishment of the court below cannot be deemed unfair. Thus, the 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 since the defendant's appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “B” under Articles 70 and 69(2) of the Criminal Act, which was amended by Act No. 12575 of May 14, 2014, which was amended by Act No. 12575 of May 14, 2014.

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