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(영문) 인천지방법원 2016.11.24 2016고정1075

절도

Text

The defendant shall be innocent.

Reasons

1. On December 7, 2015, the Defendant: (a) removed poppy and electric string lines (400,000 won and KRW 800,000; hereinafter collectively collectively referred to as “the instant goods”) that the Defendant requested the construction works to remodel the second floor hospital B in Young-gu, Suwon-gu (hereinafter referred to as “instant construction works”); (b) the victim C (50,000 won and KRW 80,000; hereinafter referred to as “the instant goods”); (c) removed and stolen the instant goods.

2. Determination

A. The Defendant and his defense counsel did not have received a request from D which ordered the instant construction work to keep the instant goods, and there was no fact that the main owner thought that the said goods were not found even ten days after the commencement of the construction work and carried them out to another site garbage along with other site garbage. However, on the following day, it was determined whether D would carry out the instant goods with the instant goods and make them recycled, and as D said D said D said that “the disposal was carried out because it was impossible to use them,” it only brought them together with other garbage at the field of entertainment where D was located, and thus, the Defendant did not remove the instant goods with the intent of illegal acquisition.

B. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

1 D received a request from the hospital that ordered the instant construction work to take charge of the management of the said construction site. D received a request from the hospital that ordered the said construction work that “if persons who used the previous office have brought about the goods later, they will bring about them later, they will keep the goods of this case.” The Defendant did not remove the goods left by the tenant, and ordered the Defendant to take the first place in the first place as tax base of taxation.

At the time, the victim appears to have left the same site as other articles, such as poppy and electric drums, which are the instant goods. However, the victim did not directly request D or the Defendant to keep the instant articles, etc.

D. Do.