The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. The Defendant knew that misunderstanding of facts has been abandoned, and 125 Oba (hereinafter “the instant Oba”) had part.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts duly admitted and investigated by the court below regarding the assertion of mistake of facts, and each of the circumstances inferred therefrom, it can be deemed that the Defendant had an intention to recognize the possibility of removing the parts of the Oralone in this case to constitute a larceny crime, even if the Defendant was aware of, or was unable to have confirmed, the fact that the Oralone was another person’s ownership.

Therefore, the defendant's assertion of mistake is without merit.

1. The Defendant and A have examined the surrounding areas during the dissolution of the parts of the Oral Seabs in this case. If the Defendant et al. are convicted as a thing that has abandoned the Oral Seabs in this case, C would not have to act as such.

② At the time when the Defendant and his accomplice discovered the instant Obane, dust was stored in the instant Obane, and even if some damaged parts, such appearance alone is insufficient to readily conclude that the instant Obane has been abandoned.

Rather, there was no external appearance that could be seen as being neglected for a long time, such as melting greens, or there was no main part necessary for the operation of dynas, and there was no external appearance that could have been recognized as having lost the function of dynas.

③ The instant off-to-land parking lot is the studio parking lot in which the victim lends the studio.