209Do11781 thief

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Residential Deputy City

Busan District Court Decision 200

Defendant

Incheon District Court Decision 2009Do2815 Decided October 14, 2009

February 25, 2010

The appeal is dismissed.

We examine the grounds of appeal.

1. As to whether ○○ newspaper, which is an unclaimed one, becomes an object of larceny

The court below held that the victim's property cannot be deemed to have renounced ownership to the newspaper of this case by taking account of the fact that the victim issued the newspaper of this case with considerable expenses for commercial purposes, such as advertising profit, etc., that the victim directly managed the newspaper of this case, that one copy can be distributed to the readers, that free distribution is premised on the fact that the readers bring about a minimum quantity for the purpose of acquiring information, and that free distribution is based on the premise that the readers would bring about a minimum quantity for the purpose of acquiring information. In light of the records, the court below's above determination is just, and there is no error in the misapprehension of legal principles

2. As to the remaining grounds of appeal

Examining the evidence admitted by the lower judgment and the first instance judgment in light of the records, it is justifiable for the lower court to have found the Defendant guilty of committing the instant crime for the reasons indicated in its reasoning.

The court below did not err by violating the rules of evidence or by misapprehending the legal principles on larceny, as otherwise alleged in the ground of appeal.

3. Conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Hong-hoon

Justices Kim Young-young

Justices Kim Gi-hwan

Justices Min Il-young