The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely left a outworn bicycle pumps, but did not steals the bicycle pumps.

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

B. The judgment of the court below on unreasonable sentencing (300,000 won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., the place where the defendant brought the bicycle pumps is located in front of the entrance of the bicycle store and relatively well-known, and thus, it does not seem to be a place where the goods left by the arbitr are left in front of the entrance of the bicycle store; ② the bicycle pumps brought by the defendant does not appear to be any worn out or old goods, and no defects are found; ③ the above bicycle pumps was used before the store and the above bicycle pumps were stolen, and the defendant tried to look into the surrounding areas after the theft of the bicycle pumps. In full view of the above circumstances, the defendant brought the bicycle pumps at least with the intention of larceny.

Therefore, it is just that the court below found the defendant guilty of the facts charged of this case, and there is no error of mistake of facts alleged by the defendant

B. As to the assertion of unfair sentencing, the lower court is also deemed to have determined a sentence in consideration of all the above sentencing grounds, even though it is recognized that the victim returned the bicycle pumps and recovered the damage, the victim did not want the punishment of the defendant, the amount of damage is the small amount equivalent to 15,00 won, and the defendant has no record of being punished for the same kind of crime.

In this situation, the defendant's argument that is difficult to understand is not contradictory.