The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, who was erroneous as owned by the principal, used the cell phone of the victim, and did not have any intention to steal, but the lower court found the Defendant guilty by mistake of the fact.

2. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court’s determination fully recognizes the Defendant’s intent to steal the victim’s cell phone and the fact that the Defendant went out of the victim.

① According to on-site CCTV images, it is confirmed that there are approximately 15 seconds around the tables in which the Defendant opened a door and the victim’s mobile phone installed, and the door door is opened and out of the door.

② According to the statement written by F, immediately after the occurrence of the instant case, the victim discovered the Defendant and accused him/her to commit the crime, and the Defendant misleads him/her of his/her mistake and returned the cell phone of the low victim’s cell phone, which has been caught by straws on the left side of the engine.

In light of the details of the defendant's statement, F's hearing circumstances, and the contents of the statement, there is little room for false intervention in the defendant's statement that the defendant made the above statement, and there is no credibility and discretion in the statement.

Therefore, the part of the defendant's statement in the above written statement is admissible.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.