The degree of awareness about stolen property in the crime of acquiring stolen property

The perception that the stolen is a subjective element of the crime of acquiring stolen is sufficient to have dolusent perception of stolen property.

Article 362 of the Criminal Act

Supreme Court Decision 4294Do342 delivered on October 26, 1961, Supreme Court Decision 68Do1474 delivered on January 21, 1969

Defendant 1 and one other

Defendants

Attorney Park Jong-sik (as to the defendant)

Seoul Criminal Court Decision 86No4551 delivered on November 28, 1986

All appeals are dismissed.

The grounds of appeal by the defense counsel are examined.

The appeal is justified in finding that the defendants acquired stolen goods of this case without knowledge of the fact that they are stolen goods. The definition of stolen goods, which is the subjective element of the crime of acquiring stolen goods, is sufficient to have dolusence as to stolen goods. However, according to the evidence cited by the first instance court that maintained by the court below, it can be sufficiently recognized that the defendants had dolusence as to stolen goods at least in acquiring the stolen goods of this case, and therefore, it can be justified in finding facts against the rules of evidence, and it cannot be said that the court below erred in misapprehending the legal principles as to stolen goods.

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

Justices Yellow-ray (Presiding Justice)