A. In the course of charging the Defendant’s mobile phone, the Defendant: (a) was aware of the Defendant’s mobile phone with the Defendant’s mobile phone in a state that the Defendant lacks the ability to discern things due to drinking for a long time and liver diseases; and (b) did not intentionally steals the instant mobile phone as indicated in the facts charged.

Even though the defendant was in serious health condition after receiving the police's ex post, it can be found that the defendant did not intend to steal the mobile phone of this case even though he did not want to return the mobile phone of this case more than six hours than the time of appearance.

B. In consideration of the various circumstances of unreasonable sentencing, the sentence of the lower court (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and each image of CCTV video images, the court below can recognize that the defendant had already held his own mobile phone, and even though the type of each mobile phone (2Gphone and smartphone), manufacturing and size of each mobile phone did not have any reasonable ground to perceive the mobile phone, the victim's mobile phone on his/her own, which was placed on his/her book, was stolen by inserting the victim's mobile phone on his/her own, by inserting the gap in which the victim's surveillance was neglected, and thus, the facts charged in this case are sufficiently found guilty, and the judgment of the court below that did not agree with this conclusion is correct, and there was no error of mistake of facts as alleged by the defendant.

C. Although it is recognized that the Defendant had not good health conditions at the time of the instant case, such circumstance appears to have been sufficiently reflected in the lower court’s punishment (the original trial accepted the Defendant’s claim of mental and physical disability due to the Defendant’s alcohol-liver diseases, etc. and subsequently mitigated by law), and other Defendant’s age, character, character, environment, power, motive, means, and consequence of the crime.