logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.08.11 2020고단1855 (1)
점유이탈물횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 12, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury at the Seoul Western District Court on May 19, 202, and the judgment became final and conclusive on May 19, 2020.

【Criminal Facts】

On December 28, 2019, at around 03:49, the Defendant thought that he/she had without following necessary procedures, such as acquiring cash 2,001,50 won among the victims, and returning it to the victim, in the front corridor 207 of the 7th floor of the C Hospital Hospital Hospital in Eunpyeong-gu Seoul, and returning it to the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Written statements of D;

1. Report on the occurrence of a crime, CCTV data, and each investigation report (in the case of CCTV inside a hospital, investigation of CCTV inside a suspect A, investigation of a suspect A, analysis of a suspect, identification of a suspect, and investigation into the details of direction of inspection);

1. Previous records before ruling: Application of criminal records, references to criminal records, each investigation report (verification of the status of confinement of a suspect and latter concurrence);

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Determination as to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse

1. At the time of the assertion, a person was living together in a hospital and used wheel chairs for the patient's movement, but there is no fact that he did not have a lock as stated in its reasoning.

2. The following circumstances acknowledged by the evidence revealed earlier, i.e., CCTV does not clearly confirm the part of the Defendant’s wall-take in CCTV, but the victim, at around 16:00 on December 27, 27, the day before the instant case, 16:58, after having put the wall in the wheelchairs and received treatment from the children in the second floor rehabilitation, returned the wheelchairs to the front corridor at around 207, and around 08:0 on December 28, 200 on the day of the instant case.

arrow