절도
The defendant's appeal is dismissed.
1. Since the main text of the grounds for appeal removed by the defendant is owned by the defendant, the judgment of the court below which found the defendant guilty of the facts charged of this case in spite of the fact that larceny cannot be established, is erroneous in the misapprehension of facts and thereby affecting
2. Determination
A. Recognizing the fact that the Defendant removed the main gate, the Defendant asserted that the main gate was his own ownership. Therefore, considering the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the main gate of this case is deemed to be the victim’s ownership.
① The Defendant asserted that the main text of this case is located on the ground of 243 square meters in Gyeongsi-si, the Defendant’s ownership. However, since the land and the building on the ground are separate objects, it cannot be deemed that the main text of this case is located on the land in Gyeongsi-si, Busan-si, the Defendant’s ownership of the said land ( Meanwhile, the Defendant asserted that the said land was owned by himself, but even according to the evidence submitted by the Defendant, it is evident that the former part of the Defendant purchased the said land and completed the registration of transfer of ownership on December 26, 1996, after purchasing the said land from K (the former part of the Defendant), and completing the registration of transfer of ownership on April 6, 2010, the Defendant and J still purchased the said land from the Defendant and completed the registration of transfer of ownership on December 29, 2011, the ownership of the said land can be recognized as having been registered as K, and it cannot be deemed that the owner of the said land and the building on the wall of the victim are part of the said land.
③ The Defendant purchased the instant house in an investigative agency and excluded the gate only.