The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. Defendant’s assertion 1) misunderstanding of facts by the lower court, which recognized that the Defendant and Co-Defendant A (hereinafter “A”)’s joint theft was the Defendant’s crime, is the sole offense, and thus, it is constituted only larceny, not special larceny, since the Defendant’s sole offense was committed. 2) The sentence of imprisonment with prison labor for eight months sentenced by the lower court is too unreasonable.

B. Prosecutor’s assertion 1) The Defendant’s misunderstanding of facts that the lower court decided on December 16, 2013 that the Defendant was the sole Defendant’s sole criminal act was committed jointly with A, and thus special larceny is established. 2) The above sentence imposed by the lower court of unreasonable sentencing is too unreasonable and unfair.

2. Judgment on the assertion of mistake of facts

A. The lower court found the following facts based on the evidence duly admitted and investigated by the Defendant’s assertion (the crime of larceny of Level No. 21, Dec. 21, 2013) and found the Defendant guilty of special larceny of December 21, 2013, based on the following circumstances: (a) the Defendant and A visited E stores in the department store with a level that cannot be refunded from the beginning; and (b) dialogues, attitudes, and happinesss between the Defendant and A before and after the crime committed; and (c) upon considering the following circumstances: (a) A was sufficiently anticipated that the Defendant would face the commission of the larceny crime from the time of the crime of larceny to the point of view of the following circumstances; and (b) determined that A shared the commission of the larceny crime by distributing the staff’s attention by demanding the refund of the impossible products, etc.

① around August 2013, A brought arbitrarily to E stores located in the gallonian department store located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and then would wear a considerable amount of time and receive a heavy high-class level refund. At the Defendant’s request, Jung-gu, Seoul, to be E stores in the gallony department store.

(2)