All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the judgment of the court below 2), the Defendant did not have stolen the victim Q Q’s portable phone, and the Defendant’s folded in front of the Defendant’s flag was color tobacco cases or flag auxiliary flaging machines in which the Defendant was born at that time.

However, the court below found the defendant guilty solely on the fact that the defendant had a criminal record of the same law. Thus, the court below's judgment of the second court erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by each court below (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: one year and two months) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The appeal case against each judgment of the court below was consolidated in the first instance, and since each offense of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, the judgment of the court at the same time in accordance with Article 38 (1) of the Criminal Act and one sentence should be sentenced.

Therefore, the judgment of the court below cannot be maintained as it is.

However, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

B. The Defendant asserted the same purport in the second instance judgment as to the assertion of mistake of facts.

The court below 2 held that the scene of the crime was taken.

According to CCTV images, the Defendant takes out a mobile phone from the right side of the victim's wife to the right side of his/her own.

In light of the above, after checking the state of the victim, putting the victim's cell phone into the right part of the right part of the victim's cell phone, breaking the victim's cell phone, leaving the victim's cell phone, leaving the victim's cell phone, following the left part of the victim's cell phone, putting the cell phone similar objects used on the left part of the victim's cell phone into the left back part of the victim's cell phone, and leaving his cell phone out of the front part of the right part

Since then, the victim has returned to the police station, and the victim has found his cell phone again.