The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The fact that has been caused by mistake of facts is not brought about by the intention of theft.

B. The lower court’s sentence (two million won of fine) is too unlimited and unfair.

2. Determination

A. The lower court asserted that the Defendant, based on the evidence duly examined and duly admitted, included the following circumstances, namely, the Defendant’s Handphones of the Defendant, which are different from the Defendant’s Handphones on his table, into the household room. However, at the time of the instant case, the Handphones were considerably left in a paper box, and were distinct from other handphones used by the Defendant. At the time of the instant Handphones seizure, the Handphones of this case were contained in a vinyl without a box, and the Defendant also stated that the Handphone was removed from a plastic box, and the Defendant was also aware of the fact that the Handphones of this case was removed from another person’s handphones, and the Defendant was well aware of the fact that the Handphones of this case brought about another person’s handphones, and the Defendant was not aware of the fact that the police officer’s residence and the victim did not bring about the theft of this case until the seizure of the Defendant and the instant handphones.

Therefore, there is no error in the judgment of the court below that pronounced guilty of the crime of this case.

B. It is favorable for the Defendant to have no record of the judgment on the assertion of unfair sentencing, and there is no criminal record exceeding the fine, and the amount of damage is not significant.

However, considering the unfavorable circumstances, such as the fact that the victim is punished for the defendant, the sentence imposed by the court below is too unreasonable, considering various sentencing conditions such as the defendant's age, character, environment, criminal record, motive, means and consequence of the crime, etc.

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