The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, as stated in the lower judgment, did not commit a theft of a victim’s mobile phone.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances, which can be seen by comprehensively taking account of the evidence legitimately adopted and examined by the court below as to the assertion of mistake of facts, namely, the appearance of CCTV images taken out by the crime of this case and the fact that the defendant appears to be the same person, and the defendant was designated as the offender of this case while the victim specifically stated the damage inflicted on him/her, it can be sufficiently recognized that the defendant stolen handphones of the victim as stated in the judgment below. Thus, the defendant's assertion of

B. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the damaged goods were recovered from the victim, and the fact that the crime of this case is in concurrent crimes with the crime of injury established in the judgment of the lower court and the crime of this case after Article 37 of the Criminal Act, the fact that equity is to be considered with the case where the said crime is judged simultaneously with the above crime

However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, and the Defendant did not appear to have committed the instant crime while denying it, and taking into account other various circumstances that form the conditions for the sentencing in the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and consequence, the lower court’s punishment is too unreasonable.

The defendant's argument that sentencing is unfair.