The defendant's appeal is dismissed.

1. The grounds of appeal on August 24, 2020 submitted by a defense counsel after the lapse of the period in which the appeal was not timely filed, shall be considered to the extent that it supplements legitimate grounds of appeal.

A. In fact, misunderstanding of the legal doctrine and misunderstanding of the facts, the Defendant thought that the wooden team (hereinafter “the instant wooden team”) indicated in the facts charged is a non-principal, and thus, the Defendant did not have any intention to larceny.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The lower court rejected the Defendant’s assertion in the lower court’s judgment on the following grounds: (a) the Defendant alleged the same as the grounds for appeal in this part; and (b) stated the Defendant’s assertion and judgment

B. In addition to the following circumstances revealed by evidence duly adopted and investigated by the lower court and the appellate court on the circumstances stated by the lower court, it can be sufficiently recognized that the Defendant had dolusent intention of larceny at least.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding facts or misunderstanding of legal principles

(1) Examining the photographs submitted by the defense counsel in the CCTV image and the party room, the majority of the instant trees were placed in the vicinity of the electric poles, not in the air conditioner room, and the facts that the signboards were not installed in the air space can be acknowledged.

② However, the location where the tree group of the instant case was located is immediately adjacent to the air defense, and the tree group of the instant case was located on the bend, not on the roadside, but on the bend part of the road. We look at the photographs (in the investigation record 31 pages) of the instant tree group, it is not visible to be worn out.