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The defendant shall be innocent.
Reasons
1. On July 9, 2019, the Defendant, at around 00:38, stolen electric bicycles owned by the victim D (years 61) and owned by the victim D (years 61) who was parked in a parking lot adjacent to the Cmate Cheongst store located in Gangnam-gu Seoul Metropolitan Government, with a gap where surveillance was neglected, and loaded them on the vehicle.
2. Determination
A. The thief’s criminal intent refers to the perception that another person’s possession under another person’s possession is transferred to him/herself or to a third person’s possession against his/her will. Thus, if another person renounced ownership and acquired it as a stolen article, it is difficult to recognize the criminal intent of larceny unless there is a justifiable reason for misunderstanding as to the thief’s acquisition.
(See Supreme Court Decision 98Do3451 delivered on May 28, 199, and Supreme Court Decision 88Do971 delivered on January 17, 1989, etc.). B.
In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court, even though the bicycle recorded in the facts charged (hereinafter “instant bicycle”) was purchased, it was a bicycle that had been 1 month been locked with the bicycle wheels.
Even if the bicycle of this case were to be mistaken for the owner's waiver of ownership and the abandoned goods, it is reasonable to deem that there was a justifiable reason for the defendant to mislead the bicycle of this case as being the owner's non-owner.
1) The Defendant himself is a waste collection business entity, and the instant bicycle was placed in a marina bag and has been loaded on his vehicle with the knowledge that the instant bicycle was abandoned due to waste, such as disuse, etc. In addition, there is no intention to commit larceny. 2) The place where the victim installed the instant bicycle (hereinafter “the instant place”) is a marina garbage bag. While street lamps are installed around the instant place, the light is set up at the night around the instant place, the light is weak at the instant place.