The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant has the right to see books and to keep the books with the explicit or implied consent of the victim.

In addition, the defendant was temporarily used with the intention to return books, so there was no intention of illegal acquisition as it constitutes a larceny.

It is found that there was no implied consent of the victim in domestic affairs.

Even if the defendant had implied consent

Since it is believed that there is a mistake on the premise of the reason for the exclusion of illegality.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly adopted and examined by the court below that the defendant had the authority to view books, the plenary session membership in the E market conference constitutes a merchant within E market.

Provided, That the fact that the payment of management expenses is limited to the person who pays the management expenses may be recognized.

However, the defendant is paying only the toilet usage fee, and cannot be seen as a member of the merchants' association because he does not pay the management fee, and therefore, he has the authority to peruse books.

shall not be deemed to exist.

In addition, the Defendant, at the time, was also the president of H/L restaurant, who is a member of the merchants' association, and the Defendant was able to read books even if he is not a member of the merchants' association. However, the Defendant was able to read books together with the president of H/L restaurant.

The defendant has the authority to bring up books without the permission of the injured party.

shall not be deemed to exist.

Therefore, the defendant's assertion is without merit.

B. 1) Considering the difference between the first instance court and the appellate court’s method of assessing the credibility of the relevant legal doctrine in light of the spirit of substantial direct psychological principle, the victim’s explicit or implied consent was asserted 1).