The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A. (1) misunderstanding of facts or misunderstanding of legal principles, the Defendant committed an error of finding the Defendant guilty of the thief among the facts charged in the instant case by misunderstanding the facts, even though he did not have stolen the pipes from the victim D.

(B) The Defendant, who is the victim G, did not have stolen a bicycle, owned by the victim G, and merely carried out the above bicycle, which is parked in the middle section of the Cheongdong-gu in Gwangju Mine-gu. Therefore, the Defendant’s act constitutes the crime of embezzlement of stolen, and even though it did not constitute larceny, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on larceny, which found the Defendant guilty of the above larceny among the facts charged in the instant case.

(2) Even if the facts charged in the instant case of unfair sentencing are found guilty, the sentence of the lower court sentenced to two years of imprisonment by considering all circumstances, including the fact that the Defendant’s economic situation is not good and the Defendant’s health is not good, is too unreasonable.

B. It is unfair that the above sentence of the court below is too uneasible in light of all circumstances, such as the fact that the prosecutor (unfairness) has existed in several times, the defendant committed the crime of this case in a planned and continuous manner during the period of repeated crime, and the defendant did not make efforts to recover from damage, and the victims want to punish the defendant.

2. Determination:

A. (1) Determination of misunderstanding of facts or misapprehension of legal principles on the assertion of misunderstanding of facts, (1) circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the victim D was consistently involved in the police from the police to the lower court’s court, and there was a theft of materials, etc. several times at one’s construction site at one’s construction site, and on the new wall of the crime at which the vehicle number is “E,” the materials at the construction site are lost.