특수절도
Defendants are not guilty.
1. The summary of the facts charged in the instant case was employed as an employee of the “G Beauty Academy,” which was operated by the F.F. in Suwon-si E Commercial Building Co., Ltd., and Defendant B was notified of dismissal as of June 22, 2017, and Defendant A was notified as of October 12, 2017, but continued to work in the said office by asserting that the dismissal was unfair in each of the above years.
At around 12:51 on October 16, 2017, the Defendants had one of the two computers with which the market price, which is the victim Faina, could not be known in the above "G Beauty Academy" office.
Accordingly, the Defendants jointly stolen the property owned by the victim.
2. In order to establish special larceny in a case where two or more persons of the latter part of Article 331(2) of the Criminal Act jointly collect another's property from Defendant A in collaboration with Defendant B, the act of conspiracy and implementation as an objective requirement must be shared as a subjective requirement, and the act of execution is in cooperative relationship at a time and place at a time (see, e.g., Supreme Court Decision 96Do313, Mar. 22, 1996). In light of the following circumstances acknowledged by the evidence duly adopted by the court and investigated by this court, evidence submitted by Defendant B alone was recruited by Defendant B with one of the main body of the computer (hereinafter "the act of this case").
It is difficult to recognize it, and there is no other evidence to recognize it.
① Defendant A asserts to the effect that, at the time of this Court, he did not recognize that he had other employees, but did not have any awareness that he had come with the body of a computer.
② Defendant B also takes one of the two computers purchased while H serves as the representative director of the Victim Company at this Court to move to Seoul Branch of Seoul.