The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have the intention of larceny because he thought that the news block 100 jums and 6 speed jums as stated in the facts charged is about 100 jums and brought about.

B. In order to prevent an accident that may occur due to the location of a shot road by a container installed by the Defendant for misapprehension of the legal doctrine, it is inevitable to fix a container that inevitably brings about the victim’s news lux and speed prevention threshold, which constitutes an emergency evacuation or a legitimate act.

2. Determination

A. In the lower court’s judgment as to the assertion of mistake of facts, the Defendant argued the same as in the trial court, and the lower court, based on the evidence duly adopted and investigated, found the Defendant guilty of the facts charged in the instant case.

Examining the above judgment of the court below in comparison with records, the judgment of the court below is just, and there is no error of law by mistake of facts alleged by the defendant in the judgment of the court below.

B. In full view of the motive, circumstance, method, degree, period, etc. of the instant crime, which is acknowledged by the court below’s duly admitted and investigated evidence, the Defendant’s instant crime cannot be deemed as an emergency evacuation or a justifiable act. Therefore, the court below did not err by misapprehending the legal principles as asserted by the Defendant.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.