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(영문) 의정부지방법원 2015.11.19 2015고정1254
절도
Text

The defendant shall be innocent.

Reasons

1. On July 4, 2014, the Defendant: (a) in a warehouse used by the Defendant in Namyang-si, the Defendant: (b) committed theft by having one middle long-term sexual harassment; (c) one iron poppy; and (d) one new combustion straw, which are stored in the said warehouse, as a warehouse located in D at the Namyang-si, Namyang-si.

2. Determination

A. The object of larceny is another person's property or property possessed by another person. Here means another person's property or property owned by another person and possessed by another person.

Witness

E’s partial statements in this court and investigative agency, witness F’s legal statement, police officer and prosecutor’s protocol of interrogation of the Defendant, and prosecutor’s protocol of interrogation of G on the part of the warehouse, the Defendant leased part of the warehouse to the victim and sublet out part of the warehouse to the victim from 2008, and operated the repair business of household appliances from part of the warehouse since 2009. The victim allowed the Defendant to install and use the iron poppy on the part of the warehouse in which the Defendant possesses the Defendant, and the victim took charge of the Defendant’s possession under the Defendant’s permission on the ground that the occupied part does not have a narrow hump.

According to the above facts, since the steel poppy, sexual harassment, and spoppy were possessed by the defendant around the date and time indicated in the facts charged of this case, it cannot be viewed as a thing possessed by another person, and thus, it cannot be viewed as an object of larceny.

B. Circumstances, namely, iron poppy, strawing, and spoppy, known by the above-mentioned facts, are about five years with the consent of the victim.

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