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(영문) 부산지방법원 2018.07.04 2018고단542

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

. The injured party C (M, 85 years old) is a person who was a director under the head of Busan-gu Busan-do 205 Dong 1108, where the defendant is currently living in Busan-do ***

1. Around October 18:11, 2017, the Defendant: (a) received the boxes of the instant boxes (hereinafter “the instant boxes”) sent in the name of the victim (hereinafter “the instant boxes”) in the middle of six boxes (a total of KRW 1.50,000), which were sent in the name of the victim (the title holder, who is he or she) at his or her own house; (b) received the boxes of the instant boxes from the substitute officers, and (c) did not follow necessary procedures, such as having the security room or the police contact so that the instant boxes can be returned to the victim with knowledge that the instant boxes were not delivered to him or her, and did not request the return of the victim.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

2. On October 18, 2017, the injured Defendant: (a) around 09:53, around 205-dong 1108, and around 1108, the Defendant: (b) sought to close the entrance door without returning the instant box to the said victim; (c) obstructed the victim’s hand knife and shut down the door; (d) removed the victim’s hand knife from knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with k

Summary of Evidence

1. Partial statement of the defendant;

2. Part of the protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the part concerning the statement of theC);

3. Each police statement made with respect to C, E, and F;

4. Part of copies of the written statement of the defendant;

5. Certificates of diagnosis and certificates of discharge from admission (including copies thereof);

6. Application of each statute of photograph;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Embezzlements of deserted articles in possession: Article 360 (1) of the Criminal Act (the choice of imprisonment);

(b) The point of injury: Article 257 (1) of the Criminal Act (the choice of imprisonment);

2. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;