A. The judgment of the court below which found the defendant guilty without the fact that the victim's cell phone was stolen, is erroneous in the misapprehension of the legal principle which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the assertion of mistake of facts, and, in particular, the following circumstances acknowledged by CCTV screen pictures, i.e., ① female customers were seated up until June 17, 2013 on the upper left side of the Defendant, and immediately left the front side of the Defendant’s handbag. If the Defendant had placed his own things under his/her upper bag, he/she would have left the cell phone before he/she was seated, and it is very rare that he/she would have left the front part of another person’s things, and thus, he/she could not be found to have left the front part of the Defendant’s cell phone 19:18 on the same day, ② the Defendant could have moved to the front part of the Defendant’s cell phone 2:4) the Defendant could have moved to the front part of the Defendant’s cell phone 2:19:18 on the same day, and the Defendant could have moved to the front part of the Defendant’s cell phone 3:19:21 on his/her cell phone.