Whether or not goods in common with others are objects of larceny.

Articles in common with another person shall also belong to the property of another person which is the object of larceny.

Article 329 of the Criminal Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant)

Defendant

Defendant

Seoul Criminal Court Decision 93No7590 delivered on July 27, 1994

The appeal is dismissed.

The grounds of appeal are examined.

1. Articles in joint ownership with another person also belong to another person's property which is the object of larceny. Thus, the ground of appeal that the object of larceny of this case is co-ownership of the defendant and the victim, and thus, it does not constitute larceny is without merit.

2. Meanwhile, examining the reasoning of the lower judgment in light of the record, the lower court’s determination that the Defendant had an intention to obtain unlawful acquisition was justifiable, and did not err by misapprehending the legal doctrine on unlawful acquisition. Of the grounds of appeal, the part pointing this out is without merit.

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

Justices Park Jong-chul (Presiding Justice)