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(영문) 전주지방법원 군산지원 2014.07.24 2013고단1669
특수절도
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is as follows: (a) around 11:00 on June 17, 2012, Defendant A used the end of the C-type River, which is a steel material, and Defendant B used the end of the C-type River, which is a steel material, and (b) moved to the end of the other end of the same steel material; (c) the victim E used the victim’s 56 of the C-type River (28 and 28 of the outer steel material), which is worth KRW 2,812,040 at the market price accumulated.

2. The Defendants asserted that, for a long period of time, 10 iron 10 boxes accumulated under the wall of the Defendants, Defendant A had been permitted to move to the wall of the Defendants and used 8 of them with the permission of F. Defendant B had no site at the time.

The core evidence that seems to correspond to the facts charged lies in the statement of F, the complainant E and the owner of the steel at issue.

First of all, the complainant Gap accepted 28 steel scrap from F, and the defendants stolen the said steel scrap accumulated under the fence of the defendants to the above fence, and the complainants who observed the witness at the time raised an objection at the scene and exchanged with F, but the defendants did not permit F to use the said steel scrap.

However, the following circumstances revealed by the prosecutor and the evidence submitted by the Defendants (i.e., ① the Defendants and E were neighboring residents living in the next house and were not good for each other; ② around October 6, 2013, the Defendants and their daughters suffered injury requiring G’s gral care in the course of fighting with the children of E and E; and the Defendants filed a complaint against the Defendants on the facts of the instant complaint that occurred on October 2013 before they reached the instant complaint; ③ there is no evidence to deem that there was a special objection as to the act of cutting the steel against the Defendants before they reached the instant complaint.

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