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(영문) 창원지방법원 진주지원 2015.10.06 2015고단709
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 2015, the Defendant found the E-to-be number plate lost by the victim B at the front of D located in Jinju-si, Jinju-si, the end of March 2015.

The Defendant did not take 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 March 2015, the Defendant: (a) around the end of Jinju-si, Jinyang-ro 125-gil; and (b) around Pyeongtaek-si’s office for management of Pyeongtaek-si 2 apartments, the Defendant: (c) attached the EM number plate, as above, to the 125CC Pool owned by the Defendant.

Accordingly, the defendant used a number plate, an air, for the purpose of exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 360 (1) of the Criminal Act and Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles or the choice of imprisonment), and Article 238 (1) of the Criminal Act (the point of unlawful use of air) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act;

1. For each of the crimes of this case with the sentencing of Article 333(1) of the Criminal Procedure Act for the return of the victim, each of the crimes of this case is deemed to have obtained the number plate lost by the victim and attached the above number plate on his/her own part, and the case and the nature of the crime are not weak, and the crime does not reach an agreement with the victim. In light of the above, the defendant's liability for the crime of this case is not weak.

However, the fact that the defendant is against the time of committing each of the crimes of this case, the damage number plate has been seized, the defendant has no criminal records exceeding the same kind of power or fine, and the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are committed.

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