The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant had a misunderstanding of facts with the mind of mind, there was no theft as stated in the judgment of the court below.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. In the case of a judgment on the assertion of mistake of facts, there is no direct evidence to witness or record the scene in which the defendant directly steals the flag, which is the damaged object.

However, according to the following circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below's decision, the defendant stated that he went out of a runway between the victim's store and the next shop. According to CCTV video (C and G market CCTV video data) the defendant went ahead of a place where he displayed a damaged gate on each date and time as indicated in the decision of the court below. The defendant was taken into the gate, and the video was cut back again when the video was turned out again due to several first problems due to the victim's store, and there was no one who left the gate, and that there was no one who left the gate among them, the defendant could easily bring about losses from the inner runway of the damaged gate, and that the defendant could not easily bring about losses from the victim's gate without any reason after the removal of the victim's son's son's son's son's son's son's son's son's son's son's son's son.

Therefore, the defendant's assertion of mistake is not accepted.

B. The Defendant has no record of criminal punishment in Korea.