Yang Nan pleaded guilty to stealing a bicycle, but was acquitted by the Kaohsiung Higher Branch Court.
(Photo by reporter Bao Jianxin)
[Reporter Bao Jianxin/Kaohsiung Report] A man surnamed Yang was suspected of stealing a folding bicycle in a parking lot. He was found guilty and prosecuted by the police, but was acquitted by the District Court. Abandoned property, dismissed the appeal decision.
Prosecutors pointed out that at 10:00 p.m. on October 5 the year before last, the defendant surnamed Yang was suspected of stealing a 20-inch foldable bicycle from the parking lot of Chunghwa Telecom’s business office on Fuxing Road, Pingtung City. The police seized it and transferred it to the local prosecutor's office for investigation and prosecution on suspicion of theft.
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Yang Nan pointed out at the hearing that the bicycle was not locked and he did not use tools, but admitted to stealing the bicycle.
The Pingtung District Court opened a court investigation. The appearance of the folding bicycle was not brand new. It was not parked at the residence. It could not be inferred from the parking lot that it was owned or controlled by others. .
The prosecution appealed that the bicycle was not obtained from a recycling plant or a garbage dump, and that it was temporarily placed in a parking lot after being used by the public. In addition, the appearance was not worn out and the structure was not damaged, which was enough to prove that someone was riding it. Failure to report to the police or claim it due to reasons such as low value, cumbersome reporting procedures, or unwillingness to pursue it does not prevent the establishment of the crime of theft.
The judge of the second-instance collegial panel believed that no one claimed the bicycle after posting the announcement, which proved that the bicycle was discarded as waste at will because no one was using it.