The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, who is collecting recyclables from mistake of facts, thought that it is the gas of this case and the food washing machine was abandoned and brought about it. Therefore, there was no intention to larceny.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, it can be sufficiently recognized that the Defendant had dolusence to the theft of the gas bags and the food washing machine at the time of the instant case. Therefore, the Defendant’s above assertion is without merit.

(1) On July 30, 2014, the Defendant: (a) around 14:20, the Mapo-si G apartment 1310 B (B); (b) loaded the instant gas bags and the food washing equipment on his hand at the front parking lot located in the Sinpo-si G apartment 1310 (B); (c) was placed on the entrance side of the passage where the said gas bags and the food washing equipment entered the said apartment 1310 unit; and (d) on the 1312 side of the said apartment, the garbage bags was located far away from 4m to 5m from the place where the instant gas bags and the food washing equipment were installed.

Sheet gas of this case and the food washing machine were used for about six to seven years by the victim, and were set up in tapes so that the victim does not fall in order to give it to others, and they were not attached with a certificate of domestic waste completion.

Considering the gas of this case, the condition of the food washing machine, external appearance display, and the gas of this case and the place where the food washing was installed, it seems difficult to think that the above goods are discarded.

Article 2.2