Crimes committed by reducing goods on the front floor or the front floor of the subway that passengers get on board (=the crime of embezzlement of stolen goods)

In the case of a subway with things on the front floor or line of the subway that had been placed on the passengers, the crew of the subway has the right to receive the lost things that the passengers forgotten as an official of the electric car under the Lost Articles Act, and cannot be said to possess the things of the passengers in the electric car, unless the lost things are discovered in reality, it cannot be said that the possession of the things in the electric car was commenced. Accordingly, the act of discovering and taking them out is not considered to constitute larceny, separate from what constitutes the crime of embezzlement.

Articles 329 and 360 of the Criminal Act

Supreme Court Decision 88Do409 delivered on April 25, 198 (Gong1988, 930) Supreme Court Decision 92Do3170 Delivered on March 16, 1993 (Gong193Sang, 1328)

Defendant

Prosecutor

Attorney Seo-sung et al.

Seoul District Court Decision 99No5827 delivered on August 24, 1999

The appeal is dismissed.

We examine the grounds of appeal.

Of the facts charged in this case against the defendant, the court below affirmed the conclusion of the judgment of the court of first instance which acquitted the defendant on the whole floor or line of subway over four times, and dismissed the prosecutor's appeal on the grounds that the defendant was not guilty or not guilty on the ground that the records are just, and there is no error in the misapprehension of legal principles as to possession of stolen goods, and there is no error in the misapprehension of legal principles as to the possession of stolen goods, and there is no error in the misapprehension of legal principles as otherwise alleged in the grounds of appeal.

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

Justices Yoon Jae-sik (Presiding Justice)