The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

1. Summary of grounds for appeal;

A. Although there was a fact that misunderstanding of facts brought seven clothing boxes owned by the victim, the number of clothes was limited to four gamblings, and the number was limited to 160-170 punishment.

Nevertheless, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment, which affected the conclusion of the judgment, that the defendant took seven clothes containing 260 punishments for clothes.

B. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On April 26, 2020, the Defendant: (a) from around 03:10 on the same day to around 03:32 on the same day; (b) in the front of “C” located in Goyang-gu B, Goyangyang-gu; (c) the Defendant: (d) stolen the Defendant’s sale of the Victim D Co., Ltd., Ltd., a total sum of KRW 37,463,200 clothing 260 of the Defendant’s sales of the Defendant’s bicycle, which had been accumulated in such a place by taking advantage of the gaps in the surrounding surveillance.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. The court below, based on the evidence duly adopted and examined by the court below, stated in the investigation agency and the court below that “E, the head of the business team of the victim company, as the victim company, specified the amount of damage by means of excluding the amount temporarily returned from the amount of goods sold after deducting the amount of goods sold from the amount of goods sold, based on the data registered in the computer system of the victim company,” and stated in the court below to the effect that “E, the head of the business team of the victim company, as the victim company, was able to arrange the clothes in the gambling at the time, is almost sleeping about what day’s clothes are contained in the gambling,” and ② The above E also prepared and submitted the detailed items of the 153 punishment clothes other than the 107 punishments temporarily returned out of the damaged goods to the investigation agency (the investigation record 308 pages)