beta
(영문) 서울서부지방법원 2018.12.07 2018고합204

절도

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, on May 4, 2018, driven by the victim E in front of the cafeteria “D” restaurant located in C in both States, on May 4, 2018.

F-Wurn-Wurn Motor Vehicle (hereinafter referred to as "motor vehicle of this case") was at the back seat of the F-Wurn-Wurn-Wurn-Wurn-Wurn, and the victim was driving the motor vehicle of this case by driving the motor vehicle of this case while driving the motor vehicle of this case.

2. In cases where, without the consent of an occupant, any property of another person is used without permission by the occupant, if the use of the property itself is consumed to the extent that the economic value of the property itself is considerably high, or has dumped it in another place than its original place after its use, or has the same intent to infringe on the ownership or principal right

In light of the intention of illegal acquisition, however, if the consumption of the value of the use is insignificant and the return is the same as that of the return immediately after the use, there is an intention to infringe on the ownership or the right of origin.

In light of the evidence duly admitted and examined by the court, it is reasonable to deem that the intent of illegal acquisition cannot be recognized (see, e.g., Supreme Court Decision 92Do118, Apr. 24, 1992). 3. The defendant, G, H, I, etc. was on board the passenger vehicle of this case that the victim driven around May 4, 2018. The victim parked the passenger vehicle of this case on the road prior to the restaurant of "D" located at Yangju-si, Yangju-si, and left the place with J, and around May 22:36, 2018, the defendant set up the car of this case on the front of the restaurant of the above "D" 5 meters away from the place where the car of this case was parked at the 5 meters away from the vehicle of this case.

The evidence also shows the same.