The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the theft of night buildings), the Defendant did not have any fact between the main points operated by the victim and the surrounding points around October 30, 2018, around 01:50 on October 30, 2018.

The clothes worn by the offender are not owned by the defendant.

Since people who are accommodated in the defendant's house are frequently drinking with alcohol, the clothes that are not owned by the defendant are found in the defendant's house because they are frequent.

B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence adopted and examined by the lower court in determining the assertion of mistake of facts, the Defendant was found to have stolen property at the main point of the operation of the Victim H in Seoul Special Metropolitan City, Nowon-gu and the first floor G Dong around October 30, 2018.

1) According to CCTV images, the victim stated that “The victim was divingd at around 01:50 on October 30, 2018, and no Handphone was available at around 02:05, and a male male who was sent to the phone was reported to the police because he did not think of the other words and did not think of the return,” [5 pages of the evidence records of the case 2019No-2212 (hereinafter “Evidence records”)]. On October 30, 2018, the victim was confirmed to have come out of the main point operated by the victim, and there was no one who had access to the point other than the pertinent male victim at around 2 minutes after entering around 01:50 on October 30, 2018 (Evidence records No. 15 and 16).

Therefore, it is clear that the above male has stolen the victim's property.

3) At around 01:49, the male, who was immediately before committing the crime, was drinking alcohol at the main point of the operation of the J, which is located adjacent to the victim’s main point (Evidence No. 14 of the Evidence Record, and the J stated that the above male was suffering from the test strawer in Q.

4. On the other hand, the victim who stolen at around 02:07, immediately after the crime.