The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no cell phone from the victim’s cell phone on the day of the instant case.

C Mobile phones, which are confirmed by CCTV images of the hospital parking lot, are the defendants, and the victim's card used at H rest areas was frank and lineed by passengers.

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

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence as indicated in the judgment below. 2) In full view of the following circumstances admitted by the evidence duly adopted and investigated by the lower court, the lower court’s determination on this part is justifiable, and there is no error of law by misapprehending the facts.

① According to the CCTV images of the C Hospital Parking Lots, among “5. 1F-1 video,” the appearance of the Defendant 22:42:20 from 22:04 to 22:42:19 from 22:20 to 22:42:24 from 22:20 to 22:42:24 from among “2. 2. 2’s entrance video,” can be clearly identified with the above cell phone that the Defendant shot up the cell phone.

At the time of the police investigation, the Defendant stated that “self-mail did not use Samsung Smartphones continuously for more than six months before the police investigation (No. 16 pages of the investigation record),” and the police officer taken photographs of mobile phones without using the case cited by the Defendant at the time of the investigation.

(2) According to CCTV images of H rest area (1-Cam09), the Defendant parked a vehicle in the H rest area at around 00:02:55, and left the vehicle at around 00:03:26, a vehicle at around 00:03:26, and went to the rest area after locking the vehicle door. A vehicle is returned to the vehicle at around 00:04:14, and is placed into the upper part of the vehicle.