Main Issues
Whether the so-called ‘relative relationship', which is the same as that of the mother and the Mada, is subject to the application of the precedent of relatives under Article 328(2) of the Criminal Act.
Summary of Judgment
It is reasonable to view that the so-called "relative relationship" under Article 328 (2) of the Criminal Code is applied to the so-called "relative relationship" in this part, such as the mother and the kynasium, and in the case of the so-called "relative relationship" in this part, it seems that there is no relative relationship.
[Reference Provisions]
Articles 767, 768, and 777 of the Civil Act; Article 328(2) of the Criminal Act
Reference Cases
Supreme Court Decision 79Do2874 delivered on March 25, 1980, Decision 79Do2874 delivered on March 25, 1980 (Bana 244(1)137 of the Criminal Act, Article 344(1)137 of the Criminal Act, 28Nu5Gong636 delivered on September 9, 1980, Decision 80Do1335 delivered on September 9, 1980 (Bana 277(2)62 of the Civil Act, Article 777(2) of the Civil Act, 283Hun-
Escopics
Defendant
Text
The case is dismissed.
Reasons
The summary of the facts charged of this case is that the defendant embezzled the defendant's debt to the non-indicted in his custody in order to repay the defendant's debt to the non-indicted in the situation of his/her own creditor as requested by the victim at the time of his/her custody, for the defendant's disposal of 3 million won in the old Ri dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong-dong dong dong dong dong dong dong dong dong-dong dong dong dong,
However, according to each statement on the victim's family register and on the part of the defendant's network, the defendant can be acknowledged as the victim's mother. Thus, the victim's lineal descendant is the victim's lineal descendant, and Article 768 of the Civil Code stipulates only the lineal descendant of the defendant. Thus, even if there is a natural blood relative relationship, the lineal descendant of the defendant is interpreted as no legal blood relative relationship, and there is no relative relationship (in this case, there is no relative relationship among relatives, there is no relative relationship). On the other hand, it is reasonable that the defendant's lineal relative relationship with the other side of the defendant is not applicable in the case of the above 7th degree of relationship, and the other side of the victim's lineal relative relationship is not applicable in the case of the above 7th degree of relationship, and the other side of the defendant's lineal relative relationship is also applicable in the case of the above 3rd degree of relationship between the defendant's lineal relative and the other side of the defendant's lineal relative under the provisions of Article 777 (2) of the Civil Code.
It is so decided as per Disposition for the above reasons.
Judges Dok-dae