A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. The Defendant, under the influence of alcohol, misjudgments the two owners as water, and did not have the intent to commit a theft against the two owners, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. At the time of committing the instant crime with mental and physical weakness, the Defendant was under the influence of alcohol.

(c)

The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. The part of the lower court’s assertion of fact-finding is based on the evidence duly adopted and examined and the following circumstances acknowledged by the above evidence. In other words, the victim knew that the Defendant was under influence of alcohol in the singing room operated by himself, but no time was available at the time of leaving the room, and opened a key repair machine due to the absence of the above singing door, and the Defendant was in a singing room, and there was no two weeks at the display room.

The defendant stated to the purport, and when the police investigation was conducted in the first time, the defendant entered the display room with the alcohol again, and flicked into the toilet stop box and discarded it again.

In full view of the fact that the Defendant stated in the Defendant’s statement, and the fact that the Defendant had been abandoned in the rest of the above singing room seven times, etc., it can be recognized that the Defendant would bring about the two weeks, which had been placed in the show room of the above singing room, and that he was laid off in the toilet stop room without the victim’s permission. As such, the Defendant should be deemed to have committed theft against the two weeks.

Therefore, this part of the defendant's argument is without merit.

B. According to the records on the part of the assertion of mental and physical weakness, the defendant may be deemed to have served alcohol at the time of the instant crime, but the circumstances leading up to the Defendant to commit the crime, the means and method of committing the crime, and the crime.