The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although a mistake of facts brought about the victim's goods, the defendant knew that the goods of this case were abandoned, and there is a justifiable reason to mislead the defendant as such, it cannot be deemed that the defendant had a criminal intent to commit a theft. However, the judgment of the court below which found the defendant guilty of the facts of this case is erroneous by misunderstanding the facts and affecting the conclusion

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, 1) thief's criminal intent refers to the perception that another person's possession under the possession of another person is transferred to him/herself or to a third person against his/her will. Thus, if another person renounced ownership and acquired it by mistake as an abandoned article, then thief's criminal intent cannot be recognized unless there is a reasonable ground for misunderstanding as such (see, e.g., Supreme Court Decision 88Do971, Jan. 17, 1989). 2) On the basis of the above legal principles, the following circumstances, which are acknowledged by comprehensively taking into account the evidence duly adopted and examined by the court below, i.e., (i) stuffs that contain the articles of this case (hereinafter referred to as the "giefs of this case") have been placed in the stairs of the victim's house, not the outside of the apartment house, and (ii) whether or not they have been placed in a package before the victim's house or a part of the articles of this case.