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(영문) 대전지방법원 천안지원 2018.08.10 2017고단1511
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

One square meter of the kitchen that has been seized (29.5cm in total length / 18cm in length, No. 4).

Reasons

Punishment of the crime

[criminal records] On October 18, 2017, the Defendant was sentenced to eight months of imprisonment for a special intimidation to the Daejeon District Court’s Incheon District Court for the crime of intimidation, and was finalized on December 19, 2017 (in the indictment, the above [criminal records] was omitted, but the indictment contains a significant fact in this court, and there are no circumstances unfavorable to the Defendant in sentencing, and thus, an ex officio addition and correction is made). 【Criminal facts】 The Defendant committed the crime under the condition that he lacks the ability to discern things or make decisions due to mental disorders, such as Cho-heon, etc.

1. On April 3, 2017, the Defendant: (a) obtained a resident registration certificate, driver’s license, e-mail card 1, F bank card 1, G card 1, 100 Canadian dollars, etc., and embezzled by taking necessary measures, such as reporting to the police authorities, within the convenience point of “C” located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) he embezzled one wall containing USD 1, 100.

2. Around 15:55 on April 6, 2017, the Defendant carried a deadly weapon that is likely to be used for a crime without justifiable grounds, such as return to the department store where many and unspecified people live in, and having a knife a knife (29.5cm in total length and 18cm in length) on the hand located within the H 1st floor in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and carrying a deadly weapon that is likely to be used for the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement made by the police against D;

1. Police seizure records;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes significantly to this court;

1. Relevant legal provisions concerning criminal facts, Articles 360(1) (a) and 347(1) (a)) of the Criminal Act concerning the selection of a punishment, Article 70(1)3 (the use of a lost card) of the Act on the Punishment of Violences, Etc., Article 7 of the Punishment of Violences, Etc. Act (the occupation of carrying a deadly weapon likely to commit a crime), and the choice of imprisonment with prison labor, respectively;

1. Articles 10(2) and 55(1)3 of the Criminal Act to reduce mental and physical drugs.

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