A. The Defendant of mistake of facts returned the instant mobile phone in the shopping bags of the victim D, but the said shopping bags are milked in the water, and thus the said mobile phone is omitted from the shopping bags.

Therefore, there is no theft of the instant mobile phone device that brought about by the Defendant.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below on the assertion of mistake, the following facts are as follows: ① the victim was locked while boarding the bus C 1005-1 which the defendant drives; ② the defendant was able to take the part of the victim’s wall and the cell phone apparatus on the side of the driver’s seat; ③ other bus passengers were seated on the part of the victim’s fright, and they reported the defendant’s behavior, and followed up “105-1 bus article 1005-1 blicks and blicks,” and then put the name into the victim’s shopping bags. ④ According to the fact that the defendant was flick only of the victim’s lock, and the defendant was able to find that the victim was flick within the victim’s mobile phone, ⑤ The defendant did not know whether the victim was flick, and the defendant was able to find that the victim was flick within the designated mobile phone after flicking the victim’s answer.