The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is merely merely a result of driving under the C's request that help collect waste materials, and there was no misunderstanding of facts with C or sharing the commission of theft or the commission of the commission.

Nevertheless, the judgment of the court below which found the defendant guilty of special larceny of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The lower court’s sentence (two years of suspended execution for one year of imprisonment, two years of probation, and two hundred hours of community service) against the Defendant of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant borrowed one ton of cargo trucks with C that he/she became aware of at the construction site, and conspireded to steals construction materials at the construction site, etc. of the Gyeonggi-gun Group, and stolen another’s goods by combining C with C on two occasions as follows.

㈎ 2010. 1. 18. 06:00경 경기 여주군 D 소재 피해자 E이 관리하는 F단지 공사현장에서, C과 함께 피해자가 보관 중인 시가 102,000원 상당인 샤포드 34개를 화물트럭에 싣고 가 절취하고, ㈏ 2010. 1. 20. 05:00경 경기 여주군 G 소재 피해자 H가 관리하는 I 신축공사 현장에서, C과 함께 피해자가 보관 중인 시가 333,000원 상당의 내열비닐 절연전선 38kg 을 화물트럭에 싣고 가 절취하여, (2) 원심의 판단 원심은, 다음과 같은 사정을 들어 이 사건 공소사실을 모두 유죄로 인정하였다.

① The Defendant, along with C, lent one ton truck from J, carried high water together for at least 2-3 days at the site of the F Complex Construction site in question, and electric wires brought to the construction site of the I-built Construction Site in question, clearly known that all owners are different.

② At the court of the court below, C was driving only the Defendant, and she was sitting at the shower, and she was carrying the shower.