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(영문) 부산고등법원 (창원) 2019.01.23 2018노214
존속살해등
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

(b) indicate that the alert is likely to occur and that the alert is cancelled if the password is entered in the same manner as that of ordinary times;

The message informing the time of the change of the sound location in the operating manual is written as Maute Maute Maute Maute from 1 to Maute Maute, and there is a considerable difference from the warning that Defendant A was.

In light of the consistent statement and the content of Defendant A’s statement, it is doubtful whether the Defendant entered the first victim’s residence at one time, with a password exactly.

- Meanwhile, from the beginning of the investigation, Defendant B consistently stated the victim’s present door password as “AU”.

(Evidence Records 1051, 2463). A manual of use is written as follows: (a) the electronic locking device is tamping; (b) first, the outer number plate is scamed with the hand floor; and (c) then the room number plate is tamped and the password is tamped again or the door "*" is opened.

(Evidence Records 563 pages) Accordingly, the identification number of the present official is not "P," but "AU," and "* or a handwritten signal is deemed to be a signal with the meaning that the password has been completely entered.

- Even if the above defendant entered the victim's residence password and intrudes upon the victim's residence, such as the defendant's statement, the possibility that the defendant A would have become aware of the above password in the process of maintaining a friendly relationship with the defendant B, according to the following circumstances, cannot be ruled out:

- Defendant B designated most of his credit card passwords as “AU,” which combines his parent’s livelihood, and entered this in his card.

Defendant

A has been used by lending Defendant B’s credit card.

(No. 682 of the trial records, No. 2939 of the evidence records). Defendant A also has used Samsung Card by lending it from Defendant B.

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