A. Prosecutor 1) Since the Defendant 1 was expected to have committed the larceny in collaboration with other accomplices, it is reasonable to view that he conspireded for special larceny.

2) The sentence imposed by the lower court on the Defendants (one and half years of imprisonment with prison labor for each of the Defendants, and ten months of imprisonment with prison labor for each of the Defendants) is too uneased and unreasonable.

B. Defendant A1) Fact-finding and misunderstanding of legal principles did not constitute a conspiracy or instruction to larceny between B and vehicle.

2) The sentence sentenced by the lower court is too unreasonable.

(c)

Defendant

B and C The sentence imposed by the lower court to the Defendants is too unreasonable.

2. Determination

A. The lower court rendered a judgment as to the Prosecutor’s assertion of mistake of the facts against Defendant A, on the grounds that the evidence submitted by the Prosecutor alone cannot be deemed that Defendant A knew or could have foreseen the thief crime as stated in the foregoing facts charged by combining Defendant B and C, and that there is no other evidence to acknowledge it, acquitted Defendant A of the joint principal offender of the thief.

The following circumstances acknowledged by the court below based on the evidence duly examined and adopted by the court below, that is, it is not necessary to maintain the role of two or more special larceny types or the network in terms of vehicle theft. Thus, Defendant A conspired with Defendant B.

Even if it can not be seen as a special larceny immediately, the judgment of the court below is just in light of the following: Defendant B demanded Defendant A to teach the method of crime and demanded Defendant A to lend the tool, but there was no agreement between two or more persons to jointly larceny; Defendant A is able to larceny even if it was used by Defendant A, Defendant C is able to face-to-face or contact Defendant A, and Defendant C is under investigation at the police station and is under investigation at the first time.