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(영문) 서울북부지방법원 2018.12.20 2018고단436

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On November 1, 2017, around 14:22, 2017, the Defendant, at the front parking lot of the “D Hospital” located in Dongdaemun-gu Seoul Metropolitan Government, embezzled occupied objects with the intention of acquisition without taking necessary procedures, such as discovering the victim E (37 years of age, leisure)’s cell phone (i.e., e., opphone 7 business bar, F) and reporting to the nearby police station, etc. at the market value of KRW 1 million.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Sceness of a theft site photograph;

1. Application of Acts and subordinate statutes to photographs by cutting a suspect CCTV to send a door-to-door to a post office;

1. Relevant legal provisions concerning criminal facts, Article 360 (1) of the Criminal Act of the choice of punishment, and the selection of fines;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses shall be determined in accordance with the text, comprehensively taking into account various circumstances, such as the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, such as the fact that goods have been returned to the victim for the reason of sentencing, the fact that there are some circumstances to consider the Defendant’s failure to return, and the fact that the Defendant’s health is not good at present.