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(영문) 수원지방법원 성남지원 2013.08.30 2013고단1107
절도
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant owned the instant house on the ground of Gwangju City (hereinafter “instant house”), and around June 201, the Defendant acquired the ownership by purchasing the instant house in a voluntary auction procedure, and acquired the ownership, and subsequently removed the instant house from the instant house by compulsory execution on November 14, 2012, around November 18, 2012, the Defendant removed four CCTV-owned CCTV-owned on the outer wall of the instant house, which was attached to the outer wall of the instant house, following the Defendant’s removal on and around November 18, 2012.

2. The Defendant asserts that the CCTV camera did not own CCTV, but owns the Defendant, and that the Defendant did not steals another’s property.

3. According to the judgment CCTV's owner's health stand, the police interrogation protocol against the defendant, the police protocol against D, and the victim's photograph as to whether D, the defendant newly constructed the instant house and installed the CCTV camera on the outer wall of the instant house, and the auction procedure was commenced by means of the right to collateral security established regarding the instant house, and D acquired the ownership of the instant house in the said voluntary auction procedure around June 201, and D occupied the defendant out of the instant house by compulsory execution around November 14, 2012, and the defendant removed CCTV from the instant house on November 18, 2012.

First, the CCTV camera can be easily separated from the instant house, which is a health room and CCTV camera, as to whether the ownership of the instant house has been transferred to D as it is consistent with the instant house, and thus, it cannot be deemed that it was consistent with the instant house, which is CCTV camera.

In addition, as a accessory to the instant house, the CCTV camera transferred its ownership to D who acquired the ownership of the instant house in the course of voluntary auction by collateral security, as a accessory to the instant house.

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