The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the absence of intention to acquire theft, there is an error of mistake of facts in finding the guilty of this part of the facts charged by the court below.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances, the lower court determined that the Defendant could sufficiently recognize that there was an intention of unlawful acquisition at the time when the Defendant brought the victim’s bags.

1) The Defendant is a restaurant as stated in paragraph (2) of the facts constituting the crime of the lower judgment (hereinafter “instant restaurant”) around the night of the instant case.

(2) After having ordered food at the restaurant, the Defendant got out of the restaurant without confirming the loss of the room to the restaurant employees, including the victim, and the Defendant was waiting for the food that was placed in the restaurant. (2) The Defendant was placed in a mail box outside the restaurant, which was installed outside the restaurant, and again waiting for the food that was placed in the restaurant. (3) At the time, the Defendant was placed in a box outside the restaurant, which was located outside the restaurant. (4)

After that, even though the victim found the room from the main room, and during that process, the Defendant told other employees to the effect that “I am... are lost”, the Defendant informed the victim of the finding of the room or did not return the room to the victim.

3. Since then, the Defendant was placed in the mail box, and was placed in the guard room in the vicinity of the mail box, and again returned to his house by finding food ordered to the restaurant of this case.

Since then, the defendant visited the guard room again to find out the victim's bags.