The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing a public prosecution regarding the crime of assault against C among the facts charged in the instant case, and only the Defendant appealed against the guilty portion among the lower judgment, and thus, the part dismissing the public prosecution among the lower judgment that the both parties did not appeal was separately finalized.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of reasons for appeal;

A. In relation to the charge of assault, the Defendant misunderstanding of facts did not err by assaulting the victim E, but did not constitute an assault, and did not memory with respect to the larceny. In relation to the charge of embezzlement of the deserted article, the Defendant did not intend to acquire illegal goods or embezzlement of the deserted article in possession by merely putting away in a place collecting recyclable resources in relation to the charge of embezzlement of the stolen.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

3. Determination

A. The following circumstances acknowledged by the lower court on the assertion of mistake of facts based on the evidence duly admitted and investigated by the lower court, i.e., the victim E, from the investigative agency to the court, consistently committed assault against the Defendant, such as breathing flaps.

The statement is in accord with the contents of the diagnosis report on injury to the victim E, the investigation report (the search for the situation of the resident in the DNA apartment), the investigation report (the search for the condition of the security guard of the sarbling person), and the defendant also in the police station that the victim E was able to live with the defendant's ebbbbat.

The statement, 3. The victim F and H have been stolen by the damaged article put on his/her own vehicle.

The statements are made and these statements are consistent with the contents of investigation report (crimes and suspect's residence ctv investigation), internal investigation report (fixtures such as face-to-face of crime, etc.), seizure protocol and seizure list of the above damaged articles, and ④ embezzlement of possession separated articles.