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(영문) 청주지방법원 2015.01.23 2014노850
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (definite assertion) is as follows: (a) the Defendant, without knowledge of the fact that a person other than the deceased H (hereinafter “the deceased”) occupies and manages the ginseng as stated in the facts charged of the instant case, extracted the said ginseng with the permission of G, which inherited the deceased’s property due to the death of the deceased, and thus there was no intention to acquire unlawful ginseng against the Defendant.

2. Determination

A. Since the crime of larceny is established when the F is a person in possession of the ginseng of this case who is the victim of the crime of this case, the possessor of the property is a victim of larceny, or the crime of larceny is committed in violation of the possession of the ginseng of this case, since the possessor of the property is a victim of larceny, or the crime of larceny is committed in violation of the possession of the possessor of the ginseng of this case, it shall be deemed that the owner of the

(2) According to the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court, the Defendant purchased from the Deceased on December 9, 2010 the ginseng in the dry field (hereinafter “instant land”) of the size of 90.3 Gate (2,761 square meters), which was planted in the name of G, the deceased’s wife, and reported to be the cultivator in the name of G (hereinafter “instant ginseng”). According to the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court, the Defendant acquired from the Deceased on December 9, 2010 part of the instant ginseng, and succeeded to the status of the cultivator, and can be recognized the fact that the Defendant occupied and managed the ginseng in the name of G (hereinafter “instant ginseng”).

In light of the fact that the Defendant did not raise any objection to the above compulsory execution procedure even though the Victim F was in the process of compulsory execution on the ginseng of this case, and that he succeeded to the status of the cultivator of the ginseng of this case, but did not have a master method, etc., the Victim F is merely a person who actually occupies and manages the ginseng of this case and was succeeded to the status of the cultivator of the ginseng of this case for the purpose of securing claims from the Deceased.

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