The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding that the Defendant carried the instant Handphone is merely bringing to find the main body and does not steals the victim’s things.

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

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination on the assertion of mistake of facts, the lower court’s determination is justifiable, and the Defendant’s assertion of mistake of facts is without merit.

① The Defendant’s location from which the victim’s cell phone was located is Samsung Electronic Service Center (Carrying-on repair), and there were many employees working for the Service Center, ② if there was an intention to find a mobile phone owner at the above location, the service center’s employee will be in charge or asked about the mobile phone, but it comes out of the Center by inserting the relevant mobile phone into or out of the center, even though it was intended to leave or ask about the mobile phone owner at the center. ③ The Defendant did not turn out the relevant mobile phone at the time. However, if the Defendant’s statement did not turn out of the cell phone, it appears that it would be difficult for the Defendant to find the mobile phone owner at the time. However, it appears that the Defendant left the cell phone without leaving it to the employee of the Service Center, and ④ the Defendant is in possession of the relevant mobile phone as is, and it is recognized that he submitted the mobile phone to the police upon contact with the police on the following day.

B. The fact that the cell phone of this case was returned and the damage caused to the cell phone was recovered from the determination of the unfair argument of sentencing

Although the circumstances, such as the fact that the Defendant had the same kind of criminal records, it is also recognized that the Defendant had previous criminal records.

In addition, the age, sex, environment, and age of the defendant;