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(영문) 부산지방법원 2015.02.11 2014고단7650

횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

The Defendant was sentenced to 15 years of imprisonment for committing murder on March 18, 1998, and was released on February 29, 2012 from the Changwon Prison on parole on February 29, 2012 and the parole period passed on May 23, 2012.

1. Around February 15, 2013, the Defendant, at the E week point of the victim D’s operation located in Nam-gu Busan Metropolitan City, has been transferred the amount equivalent to KRW 35 million at the victim’s vehicle market from the victim, and has used it. On March 2014, the Defendant, despite the victim’s demand for return of the said franchise vehicle, embezzled it by refusing to return it with the intent to own it without any justifiable reason.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was under the influence of alcohol on May 2013, 2013, on the ground that the victim was hospitalized by the victim in the G Hospital located in Nam-gu Busan Metropolitan City due to the reason that the victim was avoided the Defendant, and that the victim was in an infertility room located in the G Hospital located in Nam-gu Busan Metropolitan City, and the victim saw it as a deadly weapon (no less than 20cm in the blade length), and thereby, the victim “if he became aware of the same kind of Chewing year, her internal organ, and her gue, she would be dead if she became immediately aware of the fact that the victim was forced to escape the Defendant.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. A copy of automobile registration certificate;

1. Previous offense: Application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant Article 355 (1) of the Criminal Act, Article 355 (1) of the Selection of Punishment of Violences, etc., Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act [Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., a

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Type 4 (Habitual, Cumulative, and Special Intimidation) of the sentencing criteria;