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(영문) 서울북부지방법원 2016.01.14 2015노388
특수절도등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal did not constitute a crime of special larceny, etc. in collusion with B as stated in the facts constituting the crime in the judgment below, but the court below found the Defendant guilty as to the facts charged in this case by misunderstanding the facts based only on each statement, etc. at the investigation agency of B with no credibility.

2. The facts charged in this case

A. A. Violation of the Punishment of Special Larceny and Violence, etc. Act (joint residential intrusion with B), along with B, the Defendant boarded a rocketing car to get off and walked with a house with a lot of rural houses with a view to “the hair of an abandoned house”, and found out an abandoned house, and the Defendant contacted with an abandoned house using an electricity without a charge, and the Defendant reported the network around the house and conspired B with an object with the house.

At around April 14, 2009, the Defendant and B, at the victim E's house located in Sung-gun, Sung-gun, Sung-gun, Kim Jong-gun, Kim Jong-gun, the Defendant reported the network around the house with no electricity, and B had one head of the agricultural cooperative head, one head of the post office, one stamp, one cash, one 180,000 won, and one wall containing a resident registration certificate, which had been in the middle of the house, where the Defendant intruded to the living room through open entrance, and was in the middle of the door.

As a result, the defendant invaded the victim's residence jointly with B, and stolen the victim's property jointly with B.

B. The Defendant and B of the private document conspired to withdraw money using the passbook of deposit and the seal affixed thereto, as described in the foregoing paragraph (a).

The Defendant and B, within 201 Gcom 201, Gcom 12:50 on April 14, 2009, Gcom 201 in Kimcheon-si, Kimcheon-si, the Defendant and B had the next delivery from neighboring multiples, and had the head of the agricultural bank, the amount of the withdrawal, and the password, cut down eight million won.

Therefore, the defendant and B had He know of his nature keep it at the Doo Kim-cheon branch.

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