All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misapprehension of the legal principle’s act of larceny of this case is not based on the fact or the formation of a thief. 2) The punishment sentenced by the first instance court of unfair sentencing (one year of imprisonment) is too unreasonable.

(b)the sentence imposed by the first instance court is too uneasible and unreasonable;

2. Determination

A. On April 20, 2014, the summary of the facts charged is as follows: (a) the Defendant conspireds with C to steal building materials loaded at the construction site in combination with C on April 20, 2014; (b) the Defendant was punished for the same kind of crime, including violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, as stated in the judgment of the Defendant; (c) at the F site at around 20:30 on the same day after driving DNA cargo vehicles; and (d) the construction materials worth KRW 5,229,00 in total at the victim G management in the area from that day to 01:40 on the following day were stolen on the said cargo vehicles; (b) the first instance court held that the Defendant was habitually stolen on another’s property; and (c) the Defendant was punished for the same type of crime as the Defendant’s accomplice at the construction site at the time of the crime of larceny, as described in the first judgment; and (d) the Defendant was punished for the larceny of this case at that time.

3 The first instance court has duly adopted and investigated the decision.