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(영문) 인천지방법원 부천지원 2017.06.21 2017고정405

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 29, 2017, at around 03:00, the Defendant embezzled it by means of bringing 7 phones, a telephone carrier owned by the victim, who was lost by the victim C, due to the loss of the victim C in front of the Southern-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on the photograph of the case

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

The injured party was fully able to return the damaged product.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.