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(영문) 의정부지방법원 2017.07.13 2017고정541
재물은닉
Text

Defendant shall be punished by a fine of KRW 200,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On July 2016, 2016, the Defendant concealed the above air conditioner by allowing an informant who is aware of such fact to remove it on the top of the body, on the ground that the GaE-type rocon, installed in the victim D's seat room in the Seocho-si, the market price on the window is not known, because the GaE-type rocon, installed in the window, is out of mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F in part;

1. On-site photographs;

1. Copy of the minutes;

1. Application of Acts and subordinate statutes to reports on internal investigation;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts to the effect that the defendant's disposition of the fish consensus of this case with consent from the chairperson, E, etc. of the clan does not constitute a crime.

According to evidence, it can be recognized that the clan of this case is the only part of the clan, so the clan of this case is the only part of the clan.

Therefore, the authority to dispose of the clan of this case is only within the "general meeting of a clan" (Article 276 (1) of the Civil Code). It does not belong to the representative of a clan.

The above assertion by the defendant cannot be accepted on the premise that the chairperson, who is the representative of the clan, has the right to dispose of the fish consensus of this case.

2. Comprehensively taking account of the evidence, it is recognized that the defendant removed the air conditioners of this case on its own judgment without properly confirming the intent of the victim's clan as stated in the crime.

Therefore, even if the air condition of this case is worn out and the degree of infringement on the victim’s property rights is not serious, such circumstance alone can be deemed to constitute an act that does not violate the social norms.

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