All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor of the facts, the court below erred by misapprehending the legal principles as to the defendants' special larceny, on the ground that the defendants constitute the sole crime of Defendant A, although the defendants could have found the theft of the instant vehicles jointly.

B. The sentence sentenced by the lower court to the Defendants (Defendant A: a fine of 4 million won, Defendant B: a fine of 1.5 million won) is too uneased and unjust.

2. Judgment on the assertion of mistake of facts

A. On September 23, 2014, from around 16:00 to 17:00 of the same day, the Defendants discovered a victim G (20 tax)’s vehicle at the parking lot for the vehicle trading complex located in the Nam-gu Incheon Nam-ro 49, Nam-gu, Incheon, and used the said vehicle’s key, thereby cutting down one motor vehicle of KRW 10 million by driving the vehicle at the starting of the said motor vehicle and driving the vehicle using the said vehicle’s key.

As a result, the defendants stolen the victim's property together.

B. According to the evidence adopted and investigated by the lower court, the lower court determined that Defendant B: (a) went to the Seo-gu Incheon, Seo-gu, Incheon, upon the Defendant’s request by the Defendant A, and (b) tried to locate the instant vehicle upon the Defendant’s request by the Defendant A; (c) in the vicinity of the said automobile trading complex, Defendant B discovered the instant vehicle; (d) went to the nearby area; (c) Defendant B, upon the Defendant’s request, did so; and (d) Defendant A did so; and (d) Defendant B did so by drinking again the Defendant B while drinking again and talked about the said vehicle. In light of the fact that Defendant B expressed detailed comments about the said vehicle, the evidence submitted by the Prosecutor alone is sufficient.