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(영문) 서울북부지방법원 2014.09.05 2014노425
절도
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal brought about the misunderstanding that the Defendant has abandoned the documents of this case, and thus, the Defendant cannot be recognized as having committed larceny.

2. Determination

A. The summary of the facts charged in this case and the judgment of the court below 1) around August 21, 2013, the Defendant convicted the Defendant of the facts charged in this case by taking account of the following evidence: (a) around 16:43 on August 21, 2013, the lower court found the Defendant guilty of the facts charged in this case by taking account of the following evidence: (b) within the Nowon Tax Office’s 15-dong, Dobong-gu, Seoul, Seoul, for the operation support division of Nowon Tax Office, in which employees are in charge of duties and have neglected surveillance; and (c) the victim C’s market price at which he was placed above the object was 30,000 won

B. A thief’s crime of larceny refers to the perception that another person’s possession under another’s possession is transferred to himself/herself or under the possession of a third party against his/her will, and if another person acquired it by misunderstanding that another person renounced ownership and obtained it, the thief’s criminal intent cannot be recognized unless there is a justifiable reason for misunderstanding as to the thief’s crime of larceny.

(See Supreme Court Decision 88Do971 delivered on January 17, 1989). The Defendant asserted from an investigative agency to a trial court that the Defendant was aware of the fact that the instant documents were kept in a box, which appears to be a stop box located on the nearby floor of the instant object box, near the entrance and support of the instant operation of the instant case, and that he would have been aware that he was abandoned. As to the instant facts charged, the Defendant denied the criminal intent of larceny.

In other words, the following circumstances acknowledged by the record, i.e., ① the document bags used daily for the purpose of the delivery of documents in the instant operational support division, and the period of use at the time of the instant case was two years, and was worn out as early as early as possible. ② The document bags ordinarily consisting of 15:00 documents, and the front part of the document boxes in the state where the delivery of documents is completed and are unfolded at around 15:0.

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