beta
(영문) 울산지방법원 2020.12.17 2020노237

공기호부정사용등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles as to embezzlement of stolen property: (a) the number plate that the Defendant acquired by the Defendant is the victim who renounced ownership with a two-wheeled automobile; (b) thus, the crime of embezzlement of stolen property is not established. (c) The injury suffered by the victim in relation to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is not causing interference with daily life, but naturally cured depending on the lapse of time, and thus, does not constitute “injury”

B. The lower court’s sentence is too heavy.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On February 22, 2019, the summary of the facts charged is as follows: (a) the Defendant, at the entrance of the Ulsan-dong, Ulsan-dong, U.S., 3-7, and the defense water quality improvement center, found the number plate for two-wheeled vehicles owned by the victim B located far from the relevant floor; (b) did not take necessary procedures, such as returning it to the victim; and (c) the Defendant embezzled the property that was deprived of the victim’s possession. (b) The lower court found the Defendant guilty of this part of the facts charged in accordance with the evidence adopted by the lower court.

3 According to the records of the trial of the political party, the following facts are as follows: ① Gat Trab, where the number plate of this case was attached, was 202, the victim registered on July 14, 2014, ② the victim left on September 18, 2017 when working in Samsung as the subcontractor, and the victim left on September 18, 2017, and thereafter was not identified; ③ the number plate of this case was found, ③ the location where the Defendant acquired the number plate of this case, ③ the location where the waste and hydrogen was left down, ⑤ the fact that the Defendant was left alone, and the five worn off, including the above Gat Traba, left alone; ④ the traffic administration of Dong-gu Seoul Metropolitan City, U.S., Seoul, and the voluntary cooperation for processing of Bap oba" was posted, ⑤ the above five Dat oba. < Amended by Presidential Decree No. 27173, Apr. 5, 2019>