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(영문) 대구지방법원 경주지원 2017.11.29 2017고정152

재물은닉

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 1, 2016, at around 11:00, the Defendant concealed 1/2 rolls at the 1st floor of D&C located in Sim-si on August 1, 2016, the market price of the 200,000 won, which the victim E employs, to carry out human test work.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of the CD-related Acts and subordinate statutes to damaged photographs, investigative reports (on-site photographs and CCTV images attached), field photographs, and field photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel asserted that the Defendant and the defense counsel did not constitute a crime of concealment of property, on the ground that the Defendant transferred the instant sheet to the Defendant for remuneration after completion of the contact construction, and merely moved the sheet on the first floor to the fourth floor.

The term "scambling and concealment of property" means that it causes damage to the utility of property by making it difficult or impossible to detect it because the location of property is unclear. The acts that harm the utility of property include temporary creation into a state in which it cannot be used. Even if the victim knows that he occupies the property, it is reasonable to deem that the crime of damage to property is established even in cases where the victim is unable to discover it or difficult to find it.

According to the health stand back to the instant case, the victim and the F, each legal statement of the victim and CCTV, and CCTV images, the F, under the direction of the victim, kept the instant sheet in custody on August 1, 2016 for the purpose of carrying out construction works.

In 214, the titch site shall be cut to the first floor, work shall be carried to the other guest rooms, and the defendant shall be placed to the place of the titch site in this case.