The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) that the display place carried by the defendant was faced with the victim's cart, or the victim did not face the victim's cart at the display place.

2. Determination

A. The Defendant also asserted the same purport as the above argument in the lower court, and the lower court rejected the above argument by explaining the grounds for its judgment.

B. In a case where the appellate court, even though there was no new objective reason to affect the formation of a documentary evidence in the process of the trial, intends to re-examine the first deliberation decision and ex post facto determine it, there is a reasonable ground to deem that the first deliberation decision was clearly erroneous, or that the argument leading to the acknowledgement of facts is considerably unfair because it is contrary to logical and empirical rules, etc. In addition, the appellate court should not reverse without permission any such exceptional circumstance (Supreme Court Decision 2016Do18031 Decided March 22, 2017).

Based on the above legal principles, there is no objective reason that could affect the formation of a new conviction in the court below, and there is no reasonable circumstance to view that maintaining the judgment of the court below is considerably unfair when comparing the evidence duly adopted and examined by the court below with the contents of the court below.

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.