Shadrin bought a bottle of vodka and decided to drink it at the entrance of the nearest house. At the chute in the house, he found a backpack. Shadrin drank vodka, took a backpack and left. The backpack belonged to Kovrov, who returned from the garden and briefly absent, leaving the backpack at the garbage disposal, and when he returned, there was no backpack.
The public prosecutor, speaking in the judicial debate, proposed to qualify the actions of Shadrin under Part 1 of Art. 158 of the Criminal Code.
What could be the position of the defense in this case? (The actual circumstances of the case are not disputed by the defense).

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