A. The Defendant, at the time of the instant case, was aware that the female-friendly group was calculated together with the clothing store at the time of the instant case. As such, there was no intention to commit a theft.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,000) imposed on the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, as stated in the lower judgment, committed a theft with one point in Ulsandol, and the intent of the theft may also be recognized. Therefore, the above assertion by the Defendant is without merit.

① On January 3, 2015, around 19:19:19, the Defendant collected one point at the “C’s clothes store located in Mapo-gu Seoul Metropolitan Government, along with the daily H, in a display stand, while gathering one point at the display stand, and without calculating it.

② At the time, CCTV images recorded the above clothes sales room, H had started in front of the calculation unit with the Defendant in order to purchase the bags. The Defendant, without presenting a glusium, posted the bar code to H0,000, and affixed the bar code, and the head of outside of the store was taken.

③ At the time, the Defendant was aware that he had been aware of H’s calculation, and he had a h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h