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(영문) 서울중앙지방법원 2014.05.21 2013고정307
절도
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged of this case is as follows: “The Defendant, around 07:40 on September 3, 2012, at the “D” restaurant store located in Gangnam-gu Seoul Metropolitan Government 2, brought about two sporess in the victim E’s cooking method and manual, which the Defendant used in the above restaurant, and the prosecutor indicted the Defendant by applying the larceny of Article 329 of the Criminal Act.

2. The defendant and his defense counsel's assertion that the defendant and his defense counsel retired from a restaurant recorded in the facts charged, and the defendant cited a gambling room where the defendant's personal goods were kept. However, they did not bring about the cooking method and manual owned by E, and therefore, they should be acquitted of the above facts charged.

3. According to the witness F, witness G’s statement in the fourth trial record among the witness F, witness G’s statement in the 6th trial record, each police statement, fact confirmation, each video CD, accusation, etc., the fact that the defendant left a restaurant as stated in the facts charged, when the defendant ceases to have a restaurant as stated in the facts charged, it is recognized that the defendant left a stuff owned by the defendant at the above time and at the above place.

However, according to the above evidence, it is insufficient to view the specific contents and ownership relationship of “two Pools containing the victim E-owned cooking and Manual” in the facts charged, which are the damage of this case claimed by the above F and G contained in the above gambling, and it is difficult to view that the materials, such as “the law and manual,” as stated in the facts charged, constitute “other person’s property” as the object of larceny in light of the relationship between the defendant and the victim E, which is the victim as stated in the facts charged.

According to the above F and G statements, the facts charged that they brought to the defendant are stated in the facts charged.

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