A. The judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant did not have any factual difference between the clothes store and underground shopping mall, which are the place where the thief was committed.

B. The one-year imprisonment sentenced by the lower court on the grounds that the sentence is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts reveals the following circumstances: (a) the victim H stated in the court below to the effect that “the defendant had entered a female clothes at the entrance of the store under influence of alcohol into the store and confirmed them through CCTV images”; (b) the defendant was arrested as a flagrant offender against the police officer called the above store upon receiving a report in the street near the store; (c) the defendant was put into a female clothes using the same trademark name as the goods sold in the above store at the time; (d) the defendant was put into a nearby underground floor under the judgment of the court below under the influence of alcohol; and (e) the defendant was wearing a son in a relatively clean condition; (d) the defendant was wearing a flad, glad, mountain flads, mountain flads, etc.; and (d) the above flag's underground house selling the above flag, and thus, there were no errors in the judgment of the court below finding the defendant guilty of the part of the facts charged, such as the defendant's statement or sale.

B. The amount of damage to the instant crime is limited to the total amount of KRW 300,000,000.