The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. In full view of the indirect facts acknowledged by the summary of the grounds of appeal, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment, although it is apparent that the Defendant had an intention to larceny.

2. The facts charged in this case and the judgment of the court below

가. 이 사건 공소사실 피고인은 2016. 8. 24. 21:54 경 부산 남구 C에 있는 D 1 층 매장에서 판매원이 감시 소홀한 틈을 타 진열대에 진열된 시가 45,000원 상당의 에� 체인지 4 미리 1 보루를 바지 뒷주머니에 넣은 채 계산을 하지 않고 몰래 계산대를 빠져 나가는 방법으로 절취하였다.

B. The lower court determined that the instant location is highly likely to cause commission of crime, since CCTVs exist in large marina areas, and the first large marina area is covered with theft prevention cases, so it cannot remove or separate a theft prevention case, but for any circumstance, it is difficult for the Defendant to remove or separate a theft prevention case, and the Defendant’s 1 beam of easily separated tobacco is included in his/her back cover. The Defendant: (a) posted the stolen tobacco on the back cover; (b) posted it to other persons such as the cost of calculation; (c) sent it to the back cover; (d) other things such as the cost of calculation; (d) the Defendant paid the stolen tobacco by his/her credit card; (e) there is very low probability that the Defendant had no intention from the investigative agency to commit theft; and (e) the Defendant’s submission of the evidence by taking account of the possibility that it was difficult for the Defendant to count the tobacco on the back cover.