The judgment below

The remainder, excluding the dismissed part among the public prosecution, shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the violation of road traffic law due to occupational and actual damage to property, and acquitted the Defendant on the charge of larceny, violation of road traffic law (driving), and damage to property, and abduction and confinement of minors.

As to the guilty portion of the judgment of the court below, the prosecutor appealed the guilty portion and the not guilty portion of the judgment of the court below.

Therefore, since the court below's dismissal judgment against the defendant is separated and confirmed as it is, only the guilty part and the innocent part of the judgment below belongs to the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1) The lower court found Defendant 1 guilty of larceny among the facts charged in the instant case, on the ground that there was no intention of unlawful acquisition to use and dispose of JA car as his own property (hereinafter “the instant car”).

2) The Defendant with mental disorder was under the influence of alcohol at the time of committing each of the instant crimes, and thus, the Defendant’s punishment should be mitigated.

3) The sentence of the lower court’s improper sentencing (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) is too unreasonable.

B. According to the evidence submitted by the Prosecutor, the lower court found the Defendant guilty of all of the charges of this case’s abduction and confinement of minors, but did not err by misapprehending the legal doctrine, or by misapprehending the legal doctrine, acquitted the Defendant on this part of the charges.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

3. Determination

A. Determination as to the Defendant’s assertion of mistake of fact 1) The intent to obtain unlawful acquisition necessary for the establishment of larceny refers to the intent to use and dispose of another’s goods as his/her own property by excluding the right holder, and intent to hold the economic benefits of the goods permanently.