The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of mistake of facts, the Defendant stolen light oil in the fuel tank of the damaged vehicle by transferring it to the fuel tank of one ton of the Defendant, and the fuel tank of the said freezing is merely 65 liter in total, and it was in a state where light oil equivalent to KRW 60,000 at the time was oiled. Therefore, even if the maximum amount of the theft is considered, it is merely 30 liter in total.

Nevertheless, this part of the charges that the defendant stolen via 150-liters was guilty, which is erroneous in the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment and confiscation) is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts are: (a) the victim parked the damaged truck and stayed for a considerable time from around 09:10 the following day after examining CCTV around the place of the case are confirmed to be only the defendant; (b) the defendant stolen light oil from the damaged truck by using waste dys, etc. between 21:24 on January 30, 2016 and 21:47 on the same day; (c) the volume of the stolen light oil used by the victim E on the basis of the average annual cost of the damaged truck stated by the victim E; (d) 1: 2: 1: 5: 0 liter on January 30, 2016 based on the operation route of the damaged truck from 08:52 to 09:10 liter on the basis of the victim’s distance; and (e) 1:10 liter on the basis of the volume of 1:5 liter on January 308, 2016.