The defendant's appeal is dismissed.

1. The summary of the grounds for appeal ① It is consistent with the fact-finding that the defendant, who is the misleading defendant, has the room to fill in the facts charged, but only caused the defendant to be mistakenly aware of the fact as the abandoned article, and thus the defendant did not have the intention of larceny and illegal acquisition.

② Even if the court below found a person guilty of an unfair domestic affair, the punishment imposed by the court below (300,000 won) is too unreasonable.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in the lower court.

The court below held that the defendant injured the victim as stated in the facts charged, based on the evidence of this case.

In determining the facts charged of this case, the charges of this case were convicted.

In light of the following circumstances, which can be acknowledged by the evidence adopted and investigated by the court below through legitimate evidence examination, namely, the Defendant appears to have examined several seconds before bringing the instant bank, and the instant bank appears to have not been set locking devices, and there seems to be no reason to believe that the instant bank might be a waste left by any leakage group, if it was examined on the cell phone, credit card, etc., in light of the fact that there seems to be no reason to believe that the instant bank might be a waste left by any leakage group, and that there was a error by mistake of fact.

Therefore, the defendant's mistake of facts is without merit.

B. In full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant was arrested and the damaged goods were returned to the victim, but the defendant had the record of having been subject to a disposition of suspension of indictment for the same kind of crime, the defendant cannot be seen as being seriously against the defendant, and the victim want to punish, the sentence imposed by the court below is deemed appropriate and is too unreasonable.