A. (1) The Defendant’s misunderstanding of facts was merely putting in the corridor the cosmetic drugs, soft drugs, and so on, which were in the cosmetic of this case, in a vinyl, to the meaning of resisting the victim.

The defendant did not have the intention of illegal acquisition.

(2) It was true that the Defendant’s business interference stated in the facts charged, but there was a sufficient exercise of power to suppress the employees’ free will in the beauty room.

It is difficult to see it.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as follows, the lower court’s determination on the assertion of mistake of facts may fully recognize the Defendant’s theft of the sum of 149 chrode drugs, wave drugs, and entertainment (hereinafter “the instant practice products”) owned by the victim, as indicated in the facts charged.

(A) The Defendant, two times in the beauty art room of this case, reflectiond on the house appliances, fixtures, chropsying drugs, soft drugs, and so on. The house appliances and fixtures were put in mastru and carried out separately by dial drugs, soft drugs, and so on.

(B) The employees of the beauty room of this case brought back and used goods necessary for beauty room business among the goods that the Defendant carried out immediately after the Defendant was married.

Although the body and equipment of the victim were left in the corridor as they were, the treatment products such as dye drugs, soft drugs, and so on did not remain at all.

The staff of the beauty room conducted a inventory inspection immediately and ordered a short of the next day.

(C) The Defendant invested KRW 10 million in the cosmetic of this case via K, or he purchased the instant cosmetic as private expenses while he works in the cosmetic of this case, and thus, the instant cosmetic of this case is Defendant’s person.