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(영문) 대전지방법원 2015.07.08 2015고정305
절도
Text

The defendant shall be innocent.

Reasons

1. On August 10, 2014, the Defendant discovered the victim’s property at the level of KRW 20,000 of the market price, which was located adjacent to the cash withdrawal machine located adjacent to Daejeon Livestock Agricultural Cooperatives, located adjacent to 142, 142, YYYY, Daejeon-dong, Daejeon-dong, Daejeon, at around 18:18, 201, and stolen the victim’s property at a total amount of KRW 40,000 of the market price, which was located adjacent to the cash withdrawal machine located adjacent to the victim’s E-owned land, and at least 20,000 of the market price.

2. The judgment of larceny is an offense established when larceny steals another person’s property with the intent to use and dispose of another person’s property, such as his/her own property, in accordance with the economic usage.

However, the following circumstances are acknowledged based on the evidence duly adopted and investigated by this Court.

① On August 10, 2014, the Defendant used a cash withdrawal machine for the Scambon, at around 15:00, on Sundays. In order to find a handphone, the Defendant and the Defendant visited the said place at around 18:18 on the same day, and found the instant wave, which was owned by E, by the Defendant.

② At the time, the above pathization had four bankbooks and shots, other valuables did not contain and no details were available to identify the owner’s contact address.

③ The Defendant, at home, placed the foregoing marry on the instant table, and did not use the content.

④ On August 19, 2014, at the time when a police officer visited the Defendant’s house, the Defendant recognized the fact that he brought about spawn, and returned the fact to the Defendant’s house.

⑤ With respect to the circumstances in which the Defendant was in possession of a spawn in an investigative agency, the Defendant brought about a spawn to the manager of the agricultural cooperative following the following day of Sundays, and her husband, “whether he/she would have a spawn if he/she had a spawn with a spawn as a spawn,” and her swn the swnhn with the horses.

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