A. The defendant of mistake of facts committed a theft of the instant fingers in collaboration with B, who was led by B, while he was leading the instant fingers as his own.

B. The sentence of imprisonment (six months of imprisonment) by the court below on the defendant is too unreasonable.

2. Determination

A. In order to establish a special larceny in a case where two or more persons of the latter part of Article 331(2) of the Criminal Act jointly commit a crime of misunderstanding of facts, there should be a conspiracy as a subjective element and a sharing of action as an objective requirement.

The conspiracy does not require any legal penalty, and therefore, the intention of joint processing of crimes directly or indirectly depends on the crypia, and the process of conspiracy is not necessarily required in advance, and the conduct shared by accomplices is in a cooperative relationship between time and place.

The following circumstances acknowledged by the evidence duly adopted and examined at the court below: (i) B stated at the time that the defendant was "I am son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.