Whether the relationship of this engagement is a maternal blood relative within the fourth degree as stipulated in Article 777 subparagraph 2 of the Civil Act.

In addition, in the case of the first-class relationship between the lineal descendants of the first-class and the second-class relationship between the first-class relationship and the second-class relationship between the first-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class relationship between the second-class relationship and the second-class lineal descendants of the second-class relationship, it

Article 777 of the Civil Act, Article 344 of the Criminal Act

Defendant

Prosecutor

Busan District Court Decision 80 Godan435 delivered on April 28, 1980

The judgment of the court below is reversed, and the case is remanded to Busan District Court Msan.

The summary grounds of appeal are examined.

1. Based on its reasoning, the judgment of the court below recognized the facts that the thief victim 1 is the defendant's person's person's person's person's person's person's person's relation, and the 2nd person's person's person's person's person's person's person's person's relative within the fourth degree of relationship under Article 777 (2) of the Civil Code, and the 2nd person's person's person's person's person's relative within the fourth degree of relationship with the defendant under Article 344 and Article 328 (2) of the Criminal Code, it decided that the thief's person's person's person's person's person's person's person's wife is the victim's person'

2. The blood relative shall set forth in Article 768 (a) of the Civil Act as his lineal ascendant and descendant, his own sibling, his linear descendant, his linear descendant, his sibling, and his linear descendant of the siblings; and

According to this, it is the same as the lineal descendant, that is, the biological son or the natural son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

Therefore, the judgment of the court below concluding that the victim 1, who is the non-indicted defendant's person's person's person's person's person's person's person's person's person's person's person's person's person's person's blood within the fourth degree of relationship, is erroneous in the misapprehension of legal principles as to the scope of blood relatives or relatives' person's person

Therefore, the judgment of the court below is reversed and remanded, and it is so decided as per Disposition with the assent of all Justices involved.

Justices Jeong Tae-won (Presiding Justice)

No signature shall be signed at the retirement of a judge of the Supreme Court, a judge of the Supreme Court.