The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant (1) In light of the structure and operation method of packing horse operated by the victim D, it is understood that the Defendant’s direct consumption of alcoholic beverages without a separate order should be understood that the Defendant had no intention to understand the victim even if the Defendant had failed to do so.

Even if the defendant did not have the intention of theft, the court below found the defendant guilty of larceny among the facts charged in the instant case.

(B) Although the Defendant did not assault the victim D or I, it did not violate the social rules by passive resistance, the lower court erred in misunderstanding of facts that found the Defendant guilty of all of the charges of this case among the charges of this case.

(2) The sentence imposed by the lower court on the Defendant (two years of imprisonment with prison labor for a year, two years of probation, and order to attend a course) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. (1) The determination of the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court and the first instance court, i.e., the following circumstances: ① the Defendant’s act was understood in advance by comprehensively taking account of the following: (a) the Defendant’s flag that the Defendant did not leave the flag while leaving the flag to the flag; (b) the Defendant’s flag without paying the price for the flag; and (c) there was no separate me or indication that the Defendant would have left the flag to the flag; and (d) if the victim did not hear the statement that the Defendant got out of another customer who was on the flag at the time of the flag, the victim would not have been aware of such fact; and (d) the victim was aware of the fact and immediately deducted the Defendant from the flaging.