The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, who is an accomplice at the time of the instant case, was on board the plane with the accomplice C as the other party, and thus, there was no intention to larceny jointly with C and there was an error of misunderstanding the facts and misunderstanding the legal principles in the lower judgment that found the Defendant guilty.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

At the time of the instant case, C, an accomplice at the time, called “the vehicle with a height sticked to” to the Defendant, and the Defendant respondeded to “the Defendant’s response”.

Accordingly, the defendant found the victim's vehicle which entered a vehicle maintenance shop together with C and has been displayed.

C First of all, he gets off the driver's seat of the vehicle and called the defendant to cross the vehicle, and the defendant is on board the vehicle.

After that, C was driving the vehicle with the Defendant and did not proceed further due to the suspension of the staff H, etc. of the maintenance center.

Comprehensively taking account of the above facts admitted, the defendant's assertion is without merit, since it can be sufficiently recognized that the defendant stolen the victim F's lawsuit and other III passenger vehicles together with C as stated in the facts of the crime in the judgment below.

B. The fact that the defendant has no record of identical crimes with the defendant in determining the unfair argument of sentencing, and that the defendant seems to have reached the crime of this case by contingency is favorable to the defendant.

On the other hand, the following is disadvantageous.

After the expiration of the period of stay in Korea as a foreigner, the defendant illegally stayed in Korea and committed the instant crime.

The circumstances after the crime are very bad, such as not entirely visible to repent of the crime from the arrest process to the court of first instance.

The crime of this case was committed.