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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant was aware of facts in the date, time, and place stated in the facts charged of this case, the defendant did not deceiving the victim with the intent of defraudation, and the defendant did not destroy the cellular phone owned by the victim.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. In light of the following facts: (a) the determination of the assertion of mistake of facts was based on the evidence duly adopted and investigated by the court below; and (b) the Defendant’s self-sufficiency at the time and the victim’s speech, etc., it is reasonable to deem that there was no objectively capable of paying the food cost; and (c) the Defendant had no intent to pay the said price, and (d) the Defendant’s intent to obtain the money by deception was sufficiently recognized; and (e) according to the above evidence, the fact that the Defendant collected the cellular phone owned by the victim
B. In light of the following: (a) the judgment on the assertion of unfair sentencing cannot be deemed to be considerably significant; (b) the Defendant was not punished as a sentence; (c) the Defendant did not make efforts to recover damage up to the present day; (d) the Defendant denies the crime up to the trial; and (e) the Defendant did not appear in the court even if he was lawfully notified of the trial date; and (e) the Defendant was punished as a suspended sentence and fine for 14 times for violent crimes, the lower court’s sentence cannot be deemed to be unduly unreasonable.
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 groundless.
(However, since the “police examination protocol” among the summary of the evidence of the court below is a clerical error in the “police examination protocol”, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure.