The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal brought about by the Defendants, which is left alone on the street, and the owner of the property cannot be an object of larceny, which is a non-owned property that has waived ownership or a property that has escaped from another person's possession, and the Defendants brought about the intent to recycle, and thus, the court below erred by misapprehending the facts charged in this case.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and when the prosecutor tried against the Defendants, the facts charged for each special larceny No. 2 through No. 5 as stated in the list of crimes in the following criminal facts: (a) the prosecutor exchangeds the facts charged for the embezzlement of stolen objects as stated in Article 331(2) and (1) of the Criminal Act; and (b) the application for permission for modification of an indictment to change the applicable provisions to “Article 360(1) and Article 30(1) of the Criminal Act” from “Article 331(1) and Article 30(1) of the Criminal Act”;

However, the judgment of the court below is reversed ex officio as above.

Even if the defendants' assertion of misunderstanding of facts is still subject to the judgment of this court, it is examined.

3. Judgment on the defendants' assertion of mistake of facts

A. According to the evidence duly examined and adopted by the lower court, the Defendants discovered Yababa in front of the exit of Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul at around 01:00 on October 20, 2012, which had a traffic accident in front of the exit of 2, Yongsan-gu, Yongsan-gu, Seoul, and found that Defendant A had a front of Yababab, Defendant A was loaded and loaded onto the Defendant using a connection plate of the vehicle of the Rababa and the vehicle owned by Defendant A, and the victim D was involved in a traffic accident near the above Green Gababa, and the victim D was involved in a traffic accident near the Pababababa.