The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is aware of the fact that he had food on the styp box.

However, since the winners of the styp were left abandoned on the gate, the defendant is mistaken for and bringing about the victim to be abandoned, there was no intention that the defendant steals it.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 300,000) is excessively unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the mistake of fact, the fact that the Defendant intentionally caused foods and beverages on the thiee box.

Therefore, the above argument by the defendant cannot be accepted.

B. Under the Criminal Procedure Act, which takes the principle of trial-oriented and directness as to the illegal sentencing, there exists an area unique to the first instance judgment regarding the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared to the lower judgment, and there is no change in the conditions of sentencing compared to the lower judgment, and comprehensively taking account of all the reasons indicated in the record of the instant case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

The above assertion by the defendant is without merit.

3. In conclusion, 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. It is so decided as per Disposition.