특수절도
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On August 26, 2017, the Defendant and B of the instant facts charged charged: (a) 10,000 won in cash, which is the victim’s possession of the victim that the victim Party E left in small wave; (b) 5,000 won in market price where the resident registration certificate was located; and (c) 1 of the Defendant, who was on his/her back, posted the above wall to the Defendant’s wall, and included the above wall in the Defendant’s wall. The Defendant’s consent was put in the Defendant’s wall at the Defendant’s bank.
Accordingly, the defendant and B stolen the victim's property together with the defendant.
2. Determination
A. At the time of the assertion by the Defendant and his defense counsel, the Defendant merely knew that B puts the wall B in his own bank, and did not commit a theft with B or shared the act of commission.
B. Determination 1) In order to establish a so-called special larceny, which is a case where two or more persons of the latter part of Article 331(2) of the Criminal Act jointly take advantage of another's property, there should be a sharing of a conspiracy as a subjective element and an objective requirement, and there should be a cooperative relationship at a time and place in the implementation (see Supreme Court Decision 2010Do17022, Feb. 10, 201, etc.). In addition, a conspiracy or conspiracy in one joint crime does not need to be made in advance, but it includes an expression of intent at the scene of the crime, but such conspiracy or conspiracy should not be subject to strict proof (see Supreme Court Decision 201Do4013, Dec. 11, 201; Supreme Court Decision 201Do4013, Dec. 11, 2001). Meanwhile, there is no reasonable doubt that a prosecutor is guilty of the facts charged in a criminal trial.