특수절도등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Legal principles 1) With respect to special larceny, the Defendants were merely intended to keep the victim’s agricultural management devices, etc. with the intent to receive confidential wages from the victim for the purpose of receiving the victim’s wages, and there was no intention of unlawful acquisition to exclude possession of the victim.
Defendant
B has been delegated by the injured party with all the rights of the injured party to use the farm machinery in the warehouse and the whole of the injured party's farming house, so Defendant B has the presumed consent of the injured party to the crime of this case.
may be seen.
2) As to the intrusion of a structure (defendant B), Defendant B had the key to the agricultural material storage in the ordinary victim management, and managed the warehouse freely, and as long as Defendant B did not intrude into the said warehouse for theft purposes, the crime of intrusion on a structure is not established separately.
B. The sentence of the lower court’s unfair sentencing (six months of imprisonment each) is too unreasonable.
2. Determination:
A. Determination of the misapprehension of the legal doctrine on the assertion of misunderstanding the legal doctrine refers to the removal of possession from one’s possession against the will of the possessor of another and the transfer of possession to one’s or a third party.
In addition, the intention of illegal acquisition necessary for the establishment of larceny refers to the intention of excluding the right holder of another person's property and to use and dispose of it in accordance with the economic usage, such as his own property, and it merely infringes on the possession of another person.
As a result, larceny is not established. However, if there is an intention to infringe on the ownership of, or equivalent rights to, property, it is not necessarily necessary to possess it permanently, and whether it is an intention to acquire only the value of, the object itself or the like.
Therefore, it is against the will of the possessor of any article.