A. In relation to the attempted larceny under Article 2 of the Criminal facts in the judgment of the court below, the court below found the defendant guilty on each of the above charges by misunderstanding the facts, even though the defendant, with respect to the attempted larceny under Article 2 of the Criminal facts in the judgment of the court below, he was faced with the life pain which was accumulated after the date, time, and place of the crime, and did not want to steal the life pain. In relation to the larceny under Article 3 of the Criminal facts in the judgment of the court below, the defendant found his bicycle lost before and after the time, time, and place of the crime, and did not have any intention to steal the bicycle.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The judgment as to the assertion of mistake of facts (1) the evidence duly adopted and investigated by the court below to determine the attempted larceny and the following circumstances acknowledged by these evidence: ① the Defendant: (a) the victim I, who operates a discount store for living goods, has been accumulated in front of the store for sale; (b) the cover was covered by a yellow tent to prevent theft; (c) the bottom part of the tent was cut off by the string; and (b) the police officer, who had observed the Defendant’s behavior at the time, was present as a witness at the court below, and “I am out of the string by cutting down the string and cutting off the string.”

In addition to the testimony "," the defendant does not merely go out of the tent, but does not take out of the tents as stated in the facts of the crime in the judgment below.

It can be sufficiently recognized that a person intended to steal.

Therefore, the judgment of the court below did not err in the misapprehension of facts as alleged by the defendant, and the defendant's assertion of facts is without merit.

(2) The lower court duly adopted and examined the part concerning larceny.