The defendant's appeal is dismissed.

1. misunderstanding of the gist of the grounds for appeal (the defendant did not steals the victim E's gold bar), mental and physical disorder, and unfair sentencing; 2. The judgment of this court

A. The first instance court's decision that found the Defendant guilty of the facts charged in the instant case based on the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts is acceptable, and there is no illegality such as misunderstanding of facts affecting the conclusion of the judgment, and thus, the Defendant's above assertion of this point cannot be accepted.

B. According to the record as to the assertion of mental disorder, even though the fact that the defendant committed the crime of this case under the influence of drinking is recognized, it is difficult to view that the defendant caused such a lack of ability to discern things or make decisions, and therefore, the above assertion by the defendant, who argued this issue, cannot be accepted.

C. Although there is no history of punishing the Defendant for a similar type of crime, and the victim does not want to punish the Defendant, the court of first instance appears to have set the sentence by fully considering these circumstances. In addition, considering the Defendant’s age, character and behavior, environment, family relationship, motive for the instant crime, means and consequence of the instant crime, etc., it is difficult to view that the first instance court’s fine of KRW 50,000,000, which was sentenced to the Defendant, is too unreasonable, and therefore, the Defendant’s above assertion disputing this point cannot be accepted.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.