Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On December 1, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Jung-gu District Court on December 1, 2015 and two years of suspended execution, and the judgment became final and conclusive on December 9, 2015.
In both States, the Defendant: (a) operated the original manufacturer of the “D” group in the two States, and (b) received the original specifications necessary for the manufacture of the original body from the victim E from September 2013, and stored and managed the original body for the victims; and (c) was engaged in the business of manufacturing the original body using the original body and supplying it to the victims upon the victim’s request.
From April 2014 to June 2014, the Defendant arbitrarily disposed of 1,991.2km amounting to KRW 10,824,50 of KRW 10,824,50 in the market price of KRW 2,164.9kg, market price of KRW 9,901,30 in KRW 1,980, KRW 5,45,900, KRW 1,091.2k, market price of KRW 4,363,850 in KRW 1,872.87kg, market price of KRW 17,40,50, KRW 305, KRW 40 in total, KRW 36,50 in KRW 1,980, KRW 5,00 in total.
Accordingly, the defendant embezzled the property of the victim while on duty.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A criminal investigation report (a written statement accompanied by an accusation) and a written statement;
1. Investigation report (to hear statements by complainants);
1. Previous convictions in judgment: Investigation report (Attachment of the text of judgment, etc.), application of the text of judgment;
1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;
1. Application of the sentencing criteria [the scope of the recommended punishment] Type 1 (the amount of less than 100 million won), the basic area (the imprisonment of four to one year and four months) (the person who is subject to special sentencing) of the sentencing criteria;
2. Although the Defendant’s decision on sentencing recognized a crime and reflects his or her mistake in depth, it is not recovered from damage and is not agreed with the victim even if the damage is not so much.