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The defendant's appeal is dismissed.
Reasons
misunderstanding the legal principles on the summary of the grounds for appeal (abrupt Do) by misapprehending the legal principles on the victim F, and then misunderstanding the victim F as a mobile phone and bringing about the victim's cell phone while taking advantage of the fact that the victim was not the defendant, and thus, there was no intention of illegal acquisition.
Nevertheless, the judgment of the court below which found the thief guilty is erroneous in the misapprehension of legal principles, which affected the judgment.
The punishment of three-year imprisonment sentenced by the court below is too unreasonable.
Judgment
As to the assertion of misunderstanding legal principles, the Defendant argued to the same effect as the grounds for appeal in this part of the judgment below, and the court below found the Defendant guilty of this part of the charges on the following grounds: (a) in light of the fact that the Defendant assaulted the victim, left the place, and returned to the victim’s cell phone again, and that the cell phone could have sufficiently known that the cell phone was not his own cell phone but the cell phone of the victim at the time of committing the crime; and (b) the Defendant could have sufficiently known
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, that is, the victim's mobile phone can easily be seen to be different from the victim's mobile phone in appearance from the victim's mobile phone, and according to CCTV images, the defendant could promptly be found to have confirmed the victim's cell phone size by opening the case immediately after the victim's cell phone after the victim's cell phone driving, and immediately known that he was not his cell phone. Thus, the judgment of the court below convicting the defendant of this part of the charges is just and acceptable, and there is no error as alleged by the defendant.
Therefore, the defendant's ground of appeal disputing the misunderstanding of legal principles is without merit.