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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts and misapprehension of legal principles (1) The Defendant in the part of larceny brought about the instant mobile phone in order to erase a photograph taken of the sex relation between the Defendant and the victim stored in the cellular phone owned by the victim A (hereinafter “the instant mobile phone”). After doing so, the Defendant submitted the instant mobile phone to the investigation agency, and returned it to the victim in the lower court. Accordingly, the Defendant did not have the intent of unlawful acquisition of the instant mobile phone.
(2) The Defendant made intimidation that A would be aware of his sexual intercourse with his/her family and inevitably made 43 million won to A, and the Defendant was forced to take a hotel to receive the loan, and the Defendant did not permit A to take a sexual intercourse with his/her sexual intercourse, and even though he/she did not permit to take a cell phone from his/her sexual intercourse, it cannot be deemed that the Defendant filed a complaint against A due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes.
B. The sentence imposed by the lower court (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.
2. Determination
A. (1) Determination of the assertion of mistake of facts and misapprehension of legal principles as to the assertion of larceny (A) Determination of the part on the assertion of larceny (A) an intention to use or dispose of another person's goods as his own property by excluding the right holder, and the intention to use or dispose of another person's goods permanently is not required. Even in a case where the use of goods in question was deprived of another person's possession for the purpose of temporary use, it cannot be deemed as a temporary use in a case where the property in question is consumed to the extent that the economic value of the property itself is considerably high, or where the property in question occupies for a considerable period of time or abandons it