The defendant's appeal is dismissed.

1. The summary of the grounds for appeal: The Defendant, misunderstanding the legal principles and misunderstanding the fact, was aware of the fact that neighboring residents would bring about a machine extracted from a human body (hereinafter “the instant article”) and brought about it as an abandoned article.

Therefore, the defendant's act does not constitute larceny.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts and legal principles.

2. Although the lower court also asserted the same purport as the above grounds for appeal, the lower court rejected the Defendant’s assertion on the grounds as stated in its reasoning.

The judgment below

C. In addition to the fact that the witness F of the court below stated that the defendant stated that the defendant "I throw away the goods of this case", but there is no express statement about "I would bring", such judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and by misunderstanding of legal principles, such as the defendant's assertion.

subsection (b) of this section.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.