The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to establish a special theft of misunderstanding of facts, there should be a sharing of conspiracys and actions for larceny.

However, it is difficult to view that there is no conspiracy between the Defendant and A on the theft of vehicles, and there is no sharing of action.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. At the time of committing the instant crime, the Defendant was drunk and was in a state of mental disability and mental disability. Considering this, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

C. In light of the fact that the defendant is against unreasonable sentencing, the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of community service) is too unreasonable.

2. Determination

A. In order to establish a so-called special larceny, which is a case where two or more persons of the latter part of Article 331(2) of the Criminal Act jointly stolen another's property, there should be sharing the burden of conspiracy as a subjective element and the act of execution as an objective requirement, and in the act of execution, there should be a cooperative relationship at a time and at a place as to the act of execution.

(1) In light of the following circumstances, it is sufficient to recognize that the Defendant conspiredd to commit the instant crime and shared the act of commission, in full view of the evidence duly adopted and investigated by the lower court. As such, the Defendant’s assertion is without merit.

A prosecuted as a defendant and an accomplice has shown in the investigative agency that "the tea has shown to judge the heat, euthanasia or opened, and as the tea has been displayed, the defendant thought that he will board and drive the vehicle when he is under the influence of alcohol.