The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) The mother of the victim who had been in charge of the victim's orchard not later than two years prior to the occurrence of the instant case is likely to bring about the fall of the said orchard to the defendant and the wife of the defendant;

The defendant did not directly collect the sublime in the above orchard but merely carried out spawn spawn. Thus, the defendant stolen sublime.

shall not be deemed to exist.

B. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness due to dementia.

(c)

The punishment sentenced by the court below to the defendant (the amount of 500,000 won) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the victim considered that the Defendant had three to four sublime in orchard in the court of the lower judgment.

There is no permission to bring the sublime away from the ground to the defendant.

“The statement to the effect that” was stated to the effect that the Defendant entered the above orchard and used a sublime in fact, and ③ there is no evidence to acknowledge that the Defendant was permitted from the victim’s mother to the effect that he would bring the fall in the above orchard, and even if so, the Defendant received such permission.

According to the Defendant’s assertion, this case was about two years prior to the occurrence of the instant case, and there was no permission from the victim who is the owner of the said orchard to the same purport. ④ Since the Defendant appears to have not significantly different from the sublime of sublime in the instant orchard, even if the sublime was used in the instant orchard, it was difficult for the Defendant to lead to abortion.

Even if his sublime is still a sublime owned by the victim, the defendant's sublime is the victim.