The defendant's appeal is dismissed.

1. The court below rejected the application for compensation order B by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the above application for compensation order was immediately finalized.

Therefore, the part of the judgment of the court below which rejected a request for compensation order shall be excluded from the scope of this court.

2. Summary of grounds for appeal;

A. In light of the legal principles (related to the crime of larceny) and the judgments that the defendant was previously sentenced to a sentence of punishment are either a naval investigation or a conviction is rendered in the absence of evidence. Therefore, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied to each of the larceny crimes in this case.

B. misunderstanding of facts (related to the crime of embezzlement of stolen goods) 1) Transportation cards acquired by the Defendant merely because the original owner’s abandonment of ownership is a non-owned object, and thus, the Defendant cannot be punished as the crime of embezzlement of stolen goods. 2) Even if the above transportation cards fall under the possession of stolen goods, the Defendant’s act constitutes a legitimate act and thus, the illegality is dismissed.

C. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

3. Determination

A. The lower court’s judgment as to the assertion of misapprehension of the legal doctrine can be recognized based on the evidence duly adopted and examined by the lower court, namely, the following facts and circumstances: ① imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 28, 2010; eight months; imprisonment with prison labor for larceny at the Seoul Western District Court on February 4, 2015; and one year and eight months; imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on November 16, 2017; and the execution of the said punishment on January 19, 2019; and ② the said judgment results from a naval investigation.