The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance trial, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The scope of damage is not relatively small, five cell phoness were returned to victims, and the Defendant has no same criminal history.

However, the circumstances after the crime were committed by the defendant, such as bringing the cell phone to the funeral service provider and attempting to sell it to the funeral service provider, and the majority of the victims have not been used until now.

If there is no new change in circumstances that could change the sentence of the lower court in the trial at the lower court, and if the lower court comprehensively takes into account various sentencing conditions, such as the age, health status, economic situation, and motive and circumstance of the crime, etc. of the Defendant as shown in the trial at the lower court and the party deliberation, the sentence imposed by the lower court is heavy, as it takes place within the reasonable scope of discretion

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 without merit. It is so decided as per Disposition.