Reporter
Keishu Vol. 48, No. 5 at 190
Title
Decision concerning the applicability of Article 244, paragraph (1) of the Penal Code in the case where a thief has stolen property that is in the possession of a person other than its owner, and the relationship of relatives prescribed in said paragraph
Case name
Case charged for theft
Result
Decision of the Second Petty Bench, dismissed
Court of the Second Instance
Fukuoka High Court, Judgment of February 3, 1994
Summary of the judgment (decision)
In cases where a thief has stolen property that is in the possession of a person other than its owner, in order to apply Article 244, paragraph (1) of the Penal Code, the relationship of relatives prescribed in said paragraph must exist not only between the thief and the possessor of the stolen property but also between the thief and the owner of said property.