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(영문) 부산지방법원 2017.06.21 2016고단7919
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 20, 2016, the Defendant acquired a copy of the Hyundai Card, which was owned by the Victim C, on the road located in the Busan Dong-dong, Busan Dong-dong, Busan, about 23,00.

Defendant 1 did not take necessary procedures such as returning the above 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 November 15, 2016, at around 13:52, 2016, the Defendant: (a) around G G Ski operated by the Victim FF in Busan, Busan, the Defendant changed to ascertain whether the cards held by the victim F, the Defendant was settled; (b) leading the Defendant to the Defendant; and (c) D saw C 1 studs of coffee mixed with the market price equivalent to KRW 6,500, the victim’s market price displayed in front of the said Schlage.

Accordingly, the defendant and D stolen the victim's property together.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A written statement of victim C;

1. Photographs of the criminal scene;

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Relevant legal provisions of the Criminal Act and Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession, the selection of imprisonment), Article 331 (2) and Article 331 (1) of the Criminal Act (the occupation of special larceny) of the option of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 201Do148, Aug. 31, 1976);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Article 62-2 of the Criminal Act on the observation of protection;

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