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(영문) 부산지방법원 2012.10.25 2012고정4158

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 11, 201, at around 01:30 on December 11, 201, the Defendant, along with C and D, discovered that the name was set up one set of 125cc c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c

Accordingly, the Defendant, in collusion with C and D, did not take necessary measures such as returning the acquired property to the victim, and embezzled it on his own idea.

2. Around 01:30 on December 11, 201, the Defendant driven a motor bicycle on the street in front of the Chungcheong dong-dong, Busan, to the children's substitute park located in the Seocho-gu, Busan, the Busan, the area of which is about 6km, without obtaining a motorcycle driver's license, and driving the motor vehicle on the motor vehicle in the above-mentioned section of which is about 125cc c lick.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. Records of seizure and the list of seizure;

1. A report on investigation (as regards photographs of damaged articles);

1. Application of Acts and subordinate statutes to investigation reports (suspect A's results of license inquiry);

1. Relevant Article 360(1) and Article 30 of the Criminal Act, the choice of punishment for the crime, Articles 154 subparag. 2 and 43 of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 333 (1) of the Criminal Procedure Act for return;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;