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The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
Reasons
1. We examine the grounds of appeal on the larceny of fences among the facts charged in the instant case.
The judgment below
Examining the evidence duly admitted by the court of first instance, the court below was just in finding the Defendant guilty of the larceny of the wall out of the charges of this case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.
2. We examine ex officio the theft of electricity among the facts charged in the instant case.
The summary of this part of the facts charged is that the Defendant: (a) was the owner of the land (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”); and (b) the victim E was the purchaser of the instant land and building in the process of compulsory auction; (c) from November 2014 to December 19, 2014, the Defendant connected to the electric code installed on the outer wall of the instant building to a container owned by the Defendant and used for storage (hereinafter “instant container”); and (d) stolen electricity worth approximately KRW 4,460 won in the market price; and (e) the lower court affirmed the first instance judgment convicting the Defendant of this part of the facts charged on the grounds stated in its reasoning.
B. The theft refers to the removal of the property possessed by another person against the will of the possessor and the removal of the property from one’s or a third party to another’s possession. Whether a certain property is occupied by another person is determined by considering the intention of control as a subjective element in addition to the scope of management or the feasibility of factual management as an objective element, and ultimately, from a normative standpoint in light of social norms, depending on the shape of the property in question and other specific circumstances.