마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
594,500 won shall be collected from the defendant.
1. A summary of the grounds for appeal that there was an intention to acquire illegal larceny; and
The judgment of the court below is that the decision of the court below is a violation of the law and affected the judgment.
In addition, the punishment (one year of imprisonment, 594, 500 won) determined by the court of the court of the court below is too unreasonable.
2. The expression of intent to acquire illegality necessary for the establishment of larceny refers to the intent to use or dispose of another person's goods as his/her own property by excluding right holder, and the intent to use or dispose of another person's goods permanently is not required. Even in cases where the possession of another person is deprived for the purpose of temporary use, it cannot be deemed that the use of the goods itself is consumed to the extent that the economic value of the goods itself is considerably high, or that it is occupied for a considerable period, or abandons it in a place different from its original place (see Supreme Court Decision 2012Do1132, Jul. 12, 2012). Therefore, it cannot be deemed that there is no intention to acquire it (see Supreme Court Decision 2012Do1132, Jul. 12, 2012).
As such, there is no intent to obtain illegal enrichment.
No person may be determined (Supreme Court Decision 2005Do7819 Decided March 9, 2006). The defendant wanting to return a large amount of money received, the defendant must meet Q Q, which, in order to make it possible to do so, decided and implemented T with the vehicle number plate by removing the vehicle number plate so as to make it possible to do so.
The Defendant and T left a mersh that “The number plate is kept to contact.”
T has taken the number plate, and 7 to 8 hours have been attached again.
It is not that the defendant would bring about "use", but there is no decrease in the economic value of the number plate or very minor, and there is little time during which the defendant possessed is short, and there is little obstacle to the operation of the plate at night, and not more than T.