A. The Defendant did not commit a theft of the victim’s wallet.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The following facts or circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the victim, while the defendant was in the PC room on the day of the instant case, was seated at the left-hand side of the defendant, and the victim was laid down at the seat of the defendant; (ii) the victim was moved to the left-hand side of the defendant's seat; and (iii) according to the on-site CCTV video of this case, the victim was placed on the left-hand side of the defendant's seat after checking the contents by opening the wall on the left-hand side of the defendant's seat; and (iv) the victim's oral statement was not well known to the defendant's lower court that it was difficult for the defendant to have the victim's identity; and (v) the victim's oral statement was also found to be insufficient from the investigation agency to the point that it was hard to find out the victim's identity.