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The defendant shall be innocent.
Reasons
1. Around January 14:00 on January 5, 2017, the Defendant: (a) while working as the manager of the management office of the Nam-gu Seoul apartment site (hereinafter “instant apartment”); (b) discovered the victim’s EKaren car car before the above apartment site 103, the Defendant searched the automobile under his own control by checking the contents of the instant apartment at the entrance of the VTR facing the victim’s 103 seat; and (c) by checking the contents of the instant apartment.
2. The Defendant and the defense counsel’s assertion was merely examined within the victim’s car free will and did not seem to open a car door. Even if the Defendant opened a car door and examined the inside, it constitutes a justifiable act performed in the capacity of the head of the apartment management office.
3. Determination
(a) Searches in a motor vehicle search crime means an act of surveying a person's body or a certain place to find another person or things, and such act shall be against the will of the other party or the manager of the motor vehicle, etc. being searched;
B. According to the evidence submitted to this court, the following facts can be acknowledged as to the circumstances of this case.
1) On January 5, 2017, the victim, under the contact that the tenant was responsible for the occupancy of the apartment house F from the U.S. U.S.F.F., the victim was driving the car in the 103 East apartment and carried a large quantity of the f. F. on his own car.
2) After the Defendant discovered the victim and F, the Defendant passed ahead of G of the management division of the instant apartment and the said apartment 103 dong, the victim and F were to move to the passenger car of the victim, and the victim closed the door door to the driver’s seat of his car.
3) The Defendant: (a) is driving knife to knife and knife to knife and the victim
The victim asked "I" and the victim asked the defendant at the driver's seat, and then the victim is at the end of "F resident's book."