A. On February 28, 2017, the Defendant, as indicated in the lower judgment, went to the instant private teaching institute on February 28, 2017, to bring about personal belongings on March 1, 2017, after withdrawing the C private teaching institute as indicated in the lower judgment (hereinafter “instant private teaching institute”).

In the process of bringing his belongings, the Defendant did not have any awareness or intent that his will to take the river, which was prepared by the Defendant, was accompanied by his personal belongings, and did not enter the educational institute of this case, but rather taken the place with his will to take the river.

2) The lecture is the Defendant’s work recording the outcome of the lecture, and it is not the victim’s ownership.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts or circumstances acknowledged by the lower court based on the evidence duly admitted and examined as to the assertion of misunderstanding of facts and legal doctrine, the Defendant entered the head of the instant private teaching institute room for the purpose of theft of the victim’s lectures, and sufficiently recognized that the Defendant committed the theft.

This part of the defendant's assertion is without merit.

1) On February 28, 2017, the Defendant retired from the instant private teaching institute.

around 13:00 on March 1, 2017, the Defendant entered the instant private teaching institute, and entered the next private teaching institute, and kept a lecture room on the books of the president.

2) On the lecture log used by the instant private teaching institute, the lecture hours, the contents of the lecture, the matters of the lecture, the special matters, the column of work instruction, the confirmation column of the instructor, and the confirmation column of the director are printed and printed, and the instructors included the above columns and submitted them to the president after completion of the lecture.

3) The fact of the Defendant’s personal use in the instant educational institute is divided into a separate room.

The defendant's lecture was prepared on the date of each day, and was removed by a sping, but the defendant recently prepared the highest order.