The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The judgment of the court below that found the Defendant guilty of the facts charged in this case was erroneous by misunderstanding the facts and affecting the conclusion of the judgment, although there was no theft of USD 144, which is owned by the victim in Yongsan-gu Seoul on August 19, 2013 from the miscellaneous point of the victim D's operation in Yongsan-gu Seoul.

The Defendant was suffering from mental illness such as depression at the time of committing the instant crime, and was in a state of mental disability.

The imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant at around 12:35 August 19, 2013, at the miscellaneous point of E 1st floor E 52 operated by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul, opened a small-sized safe by using the victim's cresh cresh cresh and owned by the victim, and up to 4, 10 US dollars 3, 5 US$ 3, 19 US$ 19, US$ 19, US$ 20. Thus, the defendant's assertion of mistake of facts is without merit.

According to the records of this case as to the claim of mental disability, it is recognized that the defendant received hospitalized treatment in the K Hospital Dental ward around July 2006, but in light of various circumstances, such as the background and means of the crime of this case, and actions before and after the crime, it is not deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime, and therefore, the defendant's claim of mental and physical disability is without merit.

On January 25, 2013, the Seoul Western District Court sentenced 10 months to larceny and sentenced 10 months to the judgment on the assertion on unfair sentencing. The defendant denied the crime of this case to the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the defendant.