The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the larceny in the judgment of the court below, the defendant, while under the influence of alcohol, sees the victim's mobile phone as the defendant, and does not bring about the intent of theft, the court below found the defendant guilty of this part of the charges, which is erroneous in the misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. On October 27, 2013, around 03:30 on October 27, 2013, the Defendant: (a) committed a theft by taking advantage of the gaps in the “D” club located in Mapo-gu Seoul Mapo-gu Seoul; and (b) taking advantage of the gap in surveillance between the victim E having neglected to enjoy dancing, the Defendant’s cellular phone (galopt 3) worth KRW 1 million at the market price on which the victim’s table is located on the tables of the victim.

B. The lower court found the Defendant guilty of this part of the facts charged by citing the victim and F’s respective legal statements and investigation reports ( telephone conversations) as evidence.

C. However, in light of the following circumstances acknowledged by the evidence and records submitted by the court below and the court below, the defendant saw the victim's mobile phone as an intention to steals.

It is more probable that the defendant was aware of being the defendant due to alcohol, and it is difficult to view that this part of the facts charged was proven without any reasonable doubt by the evidence submitted by the prosecutor.

(1) At the time, the Defendant, while under the influence of alcohol, she saw the cellular phone and tobacco 2 A, which she was on the victim’s table.

그런데 피고인이 이를 절취할 의사로 가지고 간 것이라면 경험칙상 주머니나 가방 등에 숨겨서 가지고 가는 것이 보통임에도, 피고인은 집어든 물건 중 담배만 자신의 주머니에 넣고 휴대전화는 그대로 오른손에 쥔 채 계단을 내려갔다.

(2) At the time, the victim is above the table.