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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant only brought the mobile phone to the victims who want to go away with him after obtaining a sense of care in the course of returning the mobile phone to the victims, and there was no intention of illegal acquisition of larceny.
Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of legal principles.
2. In full view of the following legal principles, records, and arguments, as well as the evidence duly admitted and examined, the defendant's assertion is not acceptable, since the facts charged in this case, including the intent to obtain unlawful acquisition.
The intention of unlawful acquisition necessary for the establishment of larceny
The term "person having a right" means the intention to use or dispose of another person's goods as his own property, and the intention to permanently hold the economic interest of such goods is not required. Even in the case of deprivation of another person's possession for the purpose of temporary use, it shall not be deemed that the use of the goods itself is a case in which the economic value of the goods itself is consumed to a considerable extent or for a considerable period, or where the goods are occupied for a considerable period, or where the goods are abandoned to a place different from their original place. Thus, it shall not be deemed that there is no intention to acquire them (see, e.g., Supreme Court Decisions 2002Do3465, Sept. 6, 200; 2005Do7819, Mar. 9, 206). The victim defendant contacted the victim D and Kakakaoo to make a promise to use them at the place of promise. However, in light of the circumstances that the victim was born to the defendant and arrested the victim.
to commit an additional offence against the victim, or to commit an additional offence
It is not known whether or not there is anything.
In addition, in the case of one victim G, the defendant communicates with the victim or cellular phone.