A. In light of the fact that L, a lessor of the instant warehouse, did not have installed an electrical distribution ship without permission, the Defendant could be found to have stolen electricity as stated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the defendant shall have an error of law which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, two years of suspended execution, and confiscation) is too uneasible.

2. According to the evidence on the assertion of mistake of facts, the Defendant: (a) leased the instant warehouse from L on February 13, 2009 (Evidence No. 84 of the evidence record); (b) in collusion with B, the Defendant operated an illegal game room in the instant warehouse from March 19, 2009 to May 19, 2009; and (c) the head of the said illegal game room may acknowledge the fact that the Defendant used electricity through an electric cable installed without permission; (d) the following circumstances, namely, the Defendant and B appear to have been a person involved in the operation of the instant illegal game site; (e) the Defendant directly installed the said electrical distribution line without expertise on electricity, etc.

and directly ordered the establishment.

In light of the fact that there is no material to view, the place where the above electrical distribution line is installed, and the Defendant’s duties related to the operation of the above illegal game room, the Defendant recognized that the Defendant used the electricity without passing through the above electrical distribution line.

In light of the fact that it is difficult to see that the Defendant conspired with B, etc. to recognize the theft of electricity, and there is no other evidence to acknowledge it.

3. The operation of the illegal game funeral for determining the unfair argument of sentencing is very significant for the general public to have a high level of social harm, such as encouraging a speculative spirit and impairing sound labor awareness, and thus, it is necessary to strictly punish the illegal game funeral.

However, this case does not have a serious criminal record against the defendant.