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(영문) 대전지방법원 2015.02.04 2014고정1771
절도
Text

The defendant shall be innocent.

Reasons

1. On July 13, 2014, at around 20:30 on July 13, 2014, the Defendant, a summary of the facts charged, carried eight (2m in length and 20m in diameter) of the Defendant’s husband, loaded eight (2m in diameter and 20m in diameter) of the market value, which is the co-owned and stored by the residents of the above apartment that is the joint ownership of the aforementioned apartment, and stored separately from the right-hand storage unit of the entrance of Daejeon-dong C apartment 202, Dong-gu, Daejeon, Daejeon, as recycled goods.

2. According to the evidence duly adopted and examined by the court, the court below acknowledged the fact that the defendant committed an act as stated in the facts charged, but the pipe of this case is an act that is not used by any of the occupants of the apartment of this case, and cannot be deemed as belonging to the joint ownership of the apartment of this case. The (ju) gold-gu environment entered into a recycling contract with the council of occupants' representatives, and paid a certain amount to the council of occupants' representatives of the apartment of this case. However, the above amount is 23,435,00 won per year by contract, and it seems not to have increased or decreased in proportion to the collection amount, and it seems that there is no need for the ordinary apartment resident to bring about and recycle the abandoned articles to another occupant is an act that is widely permitted by social norms as beneficially beneficially beneficial to society and society, the above act of the defendant does not constitute the elements of larceny, or it is allowed as an act that does not go against social rules under Article 20 of the Criminal Act.

Therefore, the facts charged of this case constitute a case that does not constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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