(영문) 서울중앙지방법원 2018.08.28 2018고정531

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(영문) 서울중앙지방법원 2018.08.28 2018고정531

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 14, 2017, the Defendant: (a) obtained money and valuables equivalent to KRW 244,000,000, such as 1,44,000, 200,000 in cash, on the passenger waiting gate B (the 15 years old, south) who is located at the backside of the calendar line, and embezzled the deserted article by taking necessary steps, such as returning it to the victim or reporting it to the near police station and the service personnel, without following due process.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. The legal statement of the witness C;

1. First investigation report:

1. CCTV closure photographs at the scene of the crime;

1. A copy of the CCTV screen in a manual;

1. Application of Acts and subordinate statutes to report on investigation (cases where all damaged articles are not recovered);

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

4. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act, including the fact that the amount of damage on grounds of sentencing is not significant, and the fact that the Defendant appears to have committed the instant crime under the influence of alcohol, etc., in favor of the Defendant, or even though the Defendant stated that he would bring about the victim’s wallet during the public trial process of the instant case, and confirmed CCTV images, the victim filed a complaint against the Defendant with the victim in a part of the victim’s wall, thereby creating a false case.

“The victim of a minor who has repeatedly asserted to the effect that it is desired to summon the minor to the court and to confirm the part.”

The punishment as ordered shall be determined in consideration of the following circumstances: (a) the defendant's age, sex, environment, circumstances, and result of the crime; and (b) the situation after the crime was committed, etc., in light of the fact that the damage was not recovered at all; and (c) the defendant's age, sex, environment; and

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제360조 제1항

유사 판례

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