A defendant shall be punished by imprisonment with prison labor for up to six months.

A. misunderstanding of facts and misapprehension of legal principles (as to the theft of May 13, 2018), the Defendant thought that the instant bicycle has been abandoned and brought about it, and even if there was no intention to larceny, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s imprisonment (eight months of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. On May 13, 2018, the summary of the charge of larceny of May 13, 2018 among the facts charged in the instant case was habitually prior to the determination of the Dschool located in Busan Metropolitan City around 17:30 on May 13, 2018, the Defendant, without correction by the victim’s name, went on one bicycle with verification color in an amount equivalent to KRW 40,000 at the market price owned by the victim, which was set up and set up at the same place without correction by the victim. 2) The judgment of larceny is established by transferring the property owned by another person from the victim’s own control against the will of the manager in order to constitute larceny. Thus, in order to constitute larceny, it is necessary to prove that the Defendant’s act of larceny of the instant bicycle is the ownership of another person.

(3) In order to find the owner of the instant bicycle, the investigative agency may find a bicycle rider, along with a bicycle photograph, in order to find the owner of the instant bicycle, in the following circumstances, (i) the instant bicycle was installed in a bicycle storage near the subway station without locks, and (ii) the investigative agency confirmed the receipt of a report on the theft or loss of the instant bicycle after the time of the instant crime, and at the same time and place, there was no report on damage to the instant bicycle (which refers to the evidence record of the case 2018Da5974, hereinafter the evidence record of the case).