beta
(영문) 부산지방법원 2016.10.27 2016고단4985

점유이탈물횡령등

Text

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

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

Reasons

Punishment of the crime

1. On July 12, 2016, the Defendant: (a) on July 12, 2016, 14,000 won in cash owned by the victim D, 14,00 won in cash; (b) two debit cards; (c) one check card; and (d) one resident registration certificate.

The Defendant did not follow necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On July 14, 2016, around 22:42, the Defendant: (a) opened a entrance that was not corrected in the C Hospital 52 Sickdong 531, 531, which was located in Busan B, and intruded into the entrance and was placed in the upper partitions of the ward room; (b) took a bank holding KRW 20,000 in cash owned by the victim E (n, 76 years of age) who was located in the bed part of the bed part of the bed part of the bed part; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on CCTV photographing photographs, including investigation reports (in relation to the attachment of field photographs), two copies of photographs, investigation reports (in relation to the victim's statement-to change of the place of loss of the wall and correction of the name of the crime), internal investigation reports (in relation to the confirmation of CCTV images and

1. Relevant Article 330 of the Criminal Act and Article 360 (1) of the Criminal Act (the occupation of embezzlement of stolen articles by possession at night and the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum term of punishment);

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The reason for the sentencing of Article 62(1) of the Criminal Act on general property [Article 62(1) of the Act on the Suspension of Execution [Article 4 of the Act on the Larceny] Special Mitigation Area (Article 4 to 1.6 months] (Special Mitigation Party] Where a person intrudes into a place other than an indoor residential space (Article 4). The final sentencing range due to the aggravation of majority who are not subject to punishment: from four months to six months