The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. Since Co-Defendant A was a person in charge of livestock pens, the Defendant misunderstood that he/she had the authority to dispose of high water, and furthermore he/she met A with suspicion that he/she has such authority. The Defendant did not commit the crime of special larceny of this case together with A.

B. The sentence of the lower court (two years of suspended execution for six months of imprisonment, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the allegation of mistake of facts, namely, the following circumstances acknowledged by the evidence duly admitted and examined by the lower court. ① The Defendant stated in the prosecutor’s office to the effect that the Defendant only permitted a disposition such as a feed spawn which was not used in a stable, but did not permit the disposal of scrap metal (the evidence record No. 2013No. 150), ② Nevertheless, the Defendant attempted the victim to load large safety signboards which were not permitted to dispose of to a high-water collection vehicle (the evidence record No. 2013No. 150, No. 50, No. 2013, No. 45, the trial record No. 2013, No. 45, the lower court testified at the court to the effect that the Defendant carried the above signboard without the will of the Defendant, but the Defendant stated in the police and the lower court that the Defendant satising the last signboard, and the Defendant also stated that the Defendant had no authority to do so.