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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단2594

점유이탈물횡령

Text

A fine of 500,000 won shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 19, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. by the District Court of the Republic of Korea on December 19, 2014 and the sentence becomes final and conclusive on December 27, 2014.

At around 22:00 on May 20, 2014, the Defendant embezzled the victim’s cell phone without following necessary procedures, such as acquiring a 2HDE cell phone unit at the market price lost by the victim B, and returning it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Investigation record of seizure;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Article 360 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been punished for the past thief crime, etc., committed the instant crime, in which the Defendant again did not return the goods that he had taken place to the victim.

However, in full view of all the factors of sentencing, including the fact that the defendant led to the confession of this case, the damage was returned to the victim, the equity in the case where the judgment becomes final and conclusive at the same time after the crime of this case, the age and character of the defendant, the motive and progress of the crime of this case,