절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. According to the resolution of the council of occupants’ representatives of the apartment apartment C (hereinafter “instant apartment”), D, the gist of the grounds for appeal, included the bags containing the expenses and problems thereof in relation to defect lawsuits in the mail of each household of the instant apartment complex. However, the Defendant collected the bags containing the above notice and stored them at his/her own house, thereby leaving them at the place of separate collection on the following day.
Therefore, as long as the defendant brings an envelope containing the above notice, it is recognized that the defendant was subject to larceny, the judgment of the court below is erroneous in the misapprehension of facts as to the intention of illegal acquisition of larceny, which affected the conclusion of the judgment.
2. Determination
A. First, the prosecutor added the ancillary facts charged to the following in the first instance trial:
On September 10, 2013, from around 21:45 to around 00:10 of the following day, the defendant sent 3-4, 220 Dong 1-2, 221 Dong Dong 1-2, 221-2, and 3-4, 200 bags containing 200 copies of the bags containing a notice on the expenditure of litigation costs related to defective apartment lawsuits, which are documents owned by the victim C occupant representative, by mail, which are documents owned by the victim C occupant, and concealed them.
B. However, the prosecutor's argument of mistake of facts as to the primary charged facts is still subject to the judgment of the competent court, and this is to be examined.
The Criminal Act refers to the removal of possession of a person other than himself/herself from possession against the will of the possessor and the removal of possession to his/her or a third party. The intention of illegal acquisition necessary for the establishment of larceny refers to the intention to use and dispose of another person's property, such as his/her own property, in accordance with the economic usage.