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(영문) 의정부지방법원 2015.10.15 2014고정288
절도
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 25, 2013, the Defendant: (a) committed theft with clothes or stuffs owned by the council of occupants’ representatives, which were located in a collection site of recycled products owned by the council of occupants’ representatives, on six occasions, using items, such as half selling of young children owned by the council of occupants’ representatives, Cheongbane, etc., at the c apartment collection site of C apartment, which was located in a collection site of recycled products.

2. According to the evidence adopted and examined by this court, even though the fact that the defendant committed an act in the facts charged is recognized, the act recorded in the facts charged does not constitute a "abstinence", which is a form of larceny, or the victim's consent is excluded pursuant to Article 24 of the Criminal Act.

In other words, the council of occupants' representatives, the owner of recycled products, did not directly participate in the disposal of recycled products, and the head of the management office manages and dispose of recycled products as part of the apartment maintenance business; the head of the management office has different contract terms, contract terms, sales proceeds, etc. for each management office; however, prior to collection of recycled products, prior to the collection of recycled products, the collection office did not obtain consent from anyone, and the head of the management office, the head of the management office, the head of women's association, and the security guards' Do residents are allowed to take the necessary goods within the ordinary scope; and the sales proceeds received from the recycling business at the time of the instant case were not increased or decreased in proportion to the quantity of the collected goods. In light of the fact that the council of occupants' representatives determined in advance and did not increase or decrease the amount

However, the defendant asserts that he would bring about the use of stuffs or clothing to the occupant of the apartment, and the witness D and E are recycled.

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