The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant was aware of the victim's mobile phone and brought the victim's mobile phone to the defendant's mobile phone, and there was no intention of larceny or illegal acquisition.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant's act of theft of the victim's cell phone as stated in the facts charged can be fully recognized and the defendant's intention of theft and illegal acquisition can also be sufficiently recognized.

Therefore, 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. It is so decided as per Disposition, since the defendant's appeal is without merit.