Whether harvesting of shot trees planted on another's land without title constitutes larceny (affirmative)

Since the ownership of trees planted without title on another's land belongs to the owner of the land and if the ownership is planted by title, the ownership of the trees is a person who is planted by title.

Article 329 of the Criminal Act, Article 256 of the Civil Act

Supreme Court Decision 80Do1874 Decided September 30, 1980 (Gong1980, 13306) Supreme Court Decision 89Meu21095 Decided January 23, 1990 (Gong1990, 514)

Defendant

Defendant

Changwon District Court Decision 97No841 delivered on December 3, 1997

The appeal is dismissed.

The grounds of appeal are examined.

1. On the first to third grounds

The ownership of trees planted without title on another's land belongs to the owner of the land and if the ownership belongs to the owner of the land and is planted by the title, the ownership shall be deemed to exist to the person who held the land (see Supreme Court Decision 80Do1874, Sept. 30, 1980).

In the same purport, the decision of the court below is justified to determine that the ownership of pine trees in the decision that the defendant planted without title is the victim, who is the owner of the land planted, and there is no error of law as alleged in the grounds of appeal.

2. On the fourth ground for appeal

In light of the records, the court below's judgment that found the defendant to have a criminal intent for larceny cannot be deemed to have any error of law as alleged in the ground for appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Jong-ho (Presiding Justice)